"When a buyer and a seller executed a valid contract for the sale of a house, the buyer gave the seller $1,000 as earnest money. The contract noted that the earnest money tendered would be applied to the purchase price at the time of sale but was silent as to remedies in the event of any default. Just before the closing, the buyer lost her job. The buyer told the seller that she could no longer purchase the house and asked him to return the earnest money. The seller accurately told the buyer that the seller's actual losses exceeded the amount of the earnest money; that if the seller sued the buyer for damages, he would receive a minimum of $5,000; and that it would be difficult for him to sell the house in the current market. Should the buyer get the earnest money back? ","No, because the contract was silent regarding remedies.","No, because the seller's actual losses exceeded the amount of the earnest money.","Yes, because the buyer is no longer ready, willing, and able to purchase the house.","Yes, because the reason for the buyer's default was not anticipated.",B
"Without a warrant, police officers searched the garbage cans in the alley behind a man's house and discovered chemicals used to make methamphetamine, as well as cooking utensils and containers with the man's fingerprints on them. The alley was a public thoroughfare maintained by the city, and the garbage was picked up once a week by a private sanitation company. The items were found inside the garbage cans in plastic bags that had been tied closed and further secured with tape. The man was charged in federal court with the manufacture of methamphetamine. Did the search of the garbage cans violate the Fourth Amendment? ","No, because the man had no reasonable expectation of privacy in garbage left in the alley.","No, because the probative value of the evidence outweighs the man's modest privacy claims in his garbage.","Yes, because the alley was within the curtilage of the man's home and entry without a warrant was unconstitutional.","Yes, because there is a reasonable expectation of privacy in one's secured garbage containers.",A
"A man borrowed $500,000 from a bank, securing the loan with a mortgage on a commercial building he owned. The mortgage provided as follows: ""No prepayment may be made on this loan during the first two years after the date of this mortgage. Thereafter, prepayment may be made in any amount at any time but only if accompanied by a prepayment fee of 5% of the amount prepaid."" One year later, the man received an unexpected cash gift of $1 million and wished to pay off the $495,000 principal balance still owed on the loan. $495,000 principal balance still owed on the loan. Concerned that the bank might refuse prepayment, despite a rise in market interest rates in the year since the loan was made, or at least insist on the 5% prepayment fee, the man consulted an attorney concerning the enforceability of the above-quoted clause. There is no applicable statute. What is the attorney likely to say? ","The entire clause is unenforceable, because it violates a public policy favoring the prompt and early repayment of debt.","The entire clause is unenforceable, because the rise in interest rates will allow the bank to reloan the funds without loss.",The two-year prepayment prohibition and the prepayment fee provision are both valid and enforceable.,"The two-year prepayment prohibition is unenforceable, but the prepayment fee provision is enforceable.",D
"A woman and a defendant entered into an arrangement where the woman promised to pay the defendant $10,000 to act as a surrogate mother. In return, the defendant agreed to be implanted with the woman's embryo and carry the baby to term. The woman paid the defendant the $10,000 upfront. During the seventh month of the pregnancy, the defendant changed her mind and decided to keep the child herself. The defendant moved out of state and gave birth to the baby, which she refuses to turn over to the woman. The defendant is guilty of",no crime.,embezzlement.,kidnapping.,false pretenses.,A
"A rescuer was driving on an isolated portion of a country road. His headlights caught a figure lying at the side of the road. The rescuer stopped to investigate and found a victim, who was bleeding from head wounds and appeared to have been severely beaten. The rescuer then lifted the victim into his car and drove her to the hospital, a half-hour trip. When they arrived at the hospital, the rescuer carried the victim into the emergency room. He left her with a nurse and then returned home. Although the victim recovered from her injuries, she sued the hospital for malpractice, claiming that she was not promptly given medical attention. At trial, the nurse proposes to testify that when the victim was first brought to the hospital, she was unconscious. The victim's attorney objects and moves to strike the nurse's testimony. The trial judge should","sustain the objection, because it goes to an ultimate issue in the case. ","sustain the objection, because the nurse is not qualified to render an expert opinion. ","overrule the objection, because it is a shorthand rendition of what she observed. ","overrule the objection, because there are independent grounds to show a present sense impression. ",C
"A young woman who attended a rock concert at a nightclub was injured when the band opened its performance with illegal fireworks that ignited foam insulation in the club's ceiling and walls. The young woman sued the radio station that sponsored the performance. The radio station has moved for summary judgment, claiming that it owed no duty to audience members. The evidence has established the following facts: The station advertised its sponsorship on the radio and in print, distributed free tickets to the concert, and in print, distributed free tickets to the concert, staffed the event with the station's interns to assist with crowd control, and provided a station disc jockey to serve as master of ceremonies. The master of ceremonies had the authority to stop or delay the performance at any time on the basis of any safety concern. The station knew or should have known that the band routinely used unlicensed, illegal fireworks in its performances. Should the court grant the radio station's motion for summary judgment? ","No, because there is sufficient evidence of knowledge and control on the part of the station to impose on it a duty of care to audience members.","No, because under respondeat superior, the radio station is vicariously liable for the negligent actions of the band.","Yes, because it is the band and the nightclub owners who owed audience members a duty of care.","Yes, because the conduct of the band in setting off illegal fireworks was criminal and setting off illegal fireworks was criminal and was a superseding cause as a matter of law.",A
"A state has a statute defining burglary as ""the breaking and entering without privilege of any building or occupied structure with the intent to commit a felony therein. "" Late one night, a burglar broke into a jewelry store located in the state. She was immediately arrested by the night security guard. When the burglar was apprehended by the security guard, she offered him $500 to let her go. The security guard agreed. The burglar then handed him the money and took with her the jewelry she intended to steal. If the security guard is later arrested, he should be found guilty for which, if any, of the following crimes?",Conspiracy to commit burglary.,Accessory before the fact to burglary,Accessory after the fact to burglary.,No crime.,C
"Delores was furiously chatting on her cell phone while driving to work. She was so distracted that she ran down Penelope in a crosswalk. The next day, Delores visited Penelope in the hospital and said, ""I will pay for all your medical expenses; I am very sorry that I was negligent."" At trial, Penelope tries to testify about the statement. Upon Delores' objection, what result?",The entire statement is admissible.,Only the offer to pay portion of the statement is admissible.,Only the admission of negligence portion of the statement is admissible.,The entire statement is not admissible.,C
"In 1960, a widower, advancing into old age, realizes that he is no longer able to farm his 1,000 acres; therefore, he decides to sell some of the farmland in parcels of 250 acres. The president of a development company is interested in purchasing three of the parcels. The president buys the three parcels from the widower and begins formulating plans for constructing single-family dwelling units on the land, which is located in an upper-middle-class area of the county. The original deed between thewidower and the development company contains a provision expressly binding ""upon all subsequent grantees, their heirs, and assigns,"" stipulating that any further subdivisions by any such persons shall be restricted to minimum two-acre lots to be used for single-family dwelling units only. In the original deed between the widower and the development company, the stipulation that restricted the size and residential character of any subsequent subdivision of the parcels is an example of a (an)",easement.,affirmative covenant.,covenant for quiet enjoyment.,negative covenant.,D
"A registered pharmacist was falsely told by his best friend one day that the friend needed a dangerous drug for an experiment he was conducting with rats in his lab. Unbeknownst to the pharmacist, his friend used the drug to poison his girlfriend. The poison killed her. The pharmacist was aware that his best friend had a volatile relationship with his girlfriend. A statute in the jurisdiction provides: ""Any intentional and premeditated killing or one occurring during the perpetration of a felony, is murder in the first degree. Murder in the second degree is murder with intent to cause serious bodily harm. Manslaughter is an unlawful killing due to recklessness. "" Assault with intent to kill or to cause serious physical injury is a felony in the jurisdiction. There are no separate felonies relating to adulterating food or poisoning. Finally, it is a misdemeanor in the jurisdiction to distribute drugs without a prescription. The most serious crime for which the pharmacist can properly be convicted is",first-degree murder.,second-degree murder.,manslaughter.,selling drugs without a prescription.,D
"On October 1, Arthur mailed to Madison an offer to sell a tract of land located in Summerville for $13,000.  Acceptance was to be not later than October 10.  Madison posted his acceptance on the 3rd of October.  The acceptance arrived on October 7.  On October 4, Arthur sold the tract in question to Larson and mailed to Madison notice of the sale.  That letter arrived on the 6th of October, but after Madison had dispatched his letter of acceptance.  Which of the following is correct?",There was a valid acceptance of the Arthur offer on the day Madison posted his acceptance.,Arthur's offer was effectively revoked by the sale of the tract of land to Larson on the 4th of October.,Arthur could not revoke the offer to sell the land until after October 10.,Madison's acceptance was not valid since he was deemed to have notice of revocation prior to the acceptance.,A
"A man and a woman conspired to rob a local bank. After entering the bank, they pulled out guns and ordered everyone to the floor. They demanded money from the tellers but, unknown to them, one of the tellers activated a silent alarm. Within minutes, the bank was surrounded by police officers. A standoff ensued for several hours with the man and the woman barricaded inside the bank with several hostages. The man decided to try and make a getaway. He took the bank manager and, using her as a human shield, exited the bank. A shooting ensued, and both the man and the bank manager were killed by the police. This jurisdiction follows the agency theory of felony murder. The woman is charged with felony murder for the deaths of the man and the bank manager. The woman's attorney has filed a motion to dismiss both charges. The court should","grant the motion with respect to the bank manager's death, but deny the motion for the death of the man. ","grant the motion regarding the man's death, but deny the motion regarding the death of the bank manager. ",grant the motion regarding the deaths of both the man and the bank manager.,deny the motion regarding the deaths of both the man and the bank manager.,B
"During the murder trial of a defendant, the prosecution presented four witnesses to the brutal slaying of the victim. The evidence pointed to the fact that the defendant beat her about the head and neck with a baseball bat, causing severe injuries to her brain and her ultimate death. The prosecution rested, and the defendant presented two witnesses, his brother and his girlfriend, who testified that the defendant was dining at an elegant restaurant on the other side of town at the time of the alleged murder. The defendant presented no other witnesses. During his closing argument to the jury, the assistant district attorney called attention to the fact that the prosecution witnesses had no apparent reason to have any bias toward the prosecution or against the defendant. He then noted that the defendant's witnesses had clear motives to falsify their testimony and favor the defendant. The assistant district attorney added, ""If the defendant was on the other side of town, why didn't he tell us himself? Why didn't he get on the stand? What was he hiding? Those are questions for you, the jury, to answer. ""The defendant was convicted of first-degree murder and sentenced to life imprisonment. On appeal, his conviction should be","reversed, because the prosecutor improperly referred to the possible motives or interests of the defense witness. ","reversed, because the defendant's constitutional rights were violated during the closing argument. ","reversed, because the assistant district attorney referred to the defendant's failure to testify. ","reversed, because the assistant district attorney's argument violated the defendant's rights under the Fifth and Fourteenth Amendments. ",D
"A pedestrian was walking in front of a hotel in the downtown area when a chair was thrown from an unidentified window. The chair struck the pedestrian on the head, knocking her unconscious. When the pedestrian recovered consciousness, she found herself in a nearby hospital with a doctor in attendance. An examination revealed that the pedestrian had suffered a concussion and severe head lacerations. A subsequent investigation revealed that the chair had, in fact, been thrown from a window at the hotel. None of the hotel's employees or guests, however, admitted culpability for the incident. If the pedestrian asserts a claim against the hotel for negligence, will the doctrine of res ipsa loquitur enable her to recover?","Yes, because the chair was within the control of the hotel. ","Yes, because a chair is not usually thrown from a window in the absence of someone's negligence. ","No, because the chair was not within the control of the hotel at the time the pedestrian was injured. ","No, because the hotel is not vicariously liable for the tortious conduct of its employees. ",C
"A collector had an extensive collection of sports memorabilia, which included baseball cards, autographed bats, balls, and old uniforms. The collector would often attend regional shows where he would display his vast collection and meet with other sports enthusiasts. One day at a sports memorabilia show, the defendant approached the collector with an old baseball glove with what appeared to be an authentic signature of a famous player. Unknown to the collector, the defendant signed the glove himself. The defendant had practiced the distinctive signature of the famous player for several hours before signing the glove with an extremely good likeness of his signature. The collector examined the glove and asked the defendant if the signature was authentic. The defendant replied that he had purchased the glove at an auction and could not vouch for the authenticity of the signature. The collector paid the defendant for the glove. Later, the collector took the glove to a handwriting expert who informed the collector that the signature on the glove was a very skillful fake, but a fake, nonetheless. The defendant is guilty of","false pretenses but not forgery, because the glove is not a document with legalsignificance. ","forgery but not false pretenses, because thedefendant did not vouch for the authenticity ofthe glove. ",false pretenses and forgery.,neither false pretenses nor forgery.,C
"The navy wanted to build a naval base on the north shore of an island in Hawaii. Situated along the north shore of this island were coral reefs which are the home of a very rare species of fish that are found only along the north shore area. Congress conducted hearings to decide whether to authorize the construction of the naval base. During the hearings, one of the speakers who addressed the congressional committee was a famous expert on oceanography and marine biology. The expert vehemently opposed the naval plan and stated that the construction would, in his opinion, result in the extinction of the rare species of fish. Congress thereafter approved the construction of the naval base and passed a bill providing necessary authorization and funding for the project. The expert has filed an action in federal district court seeking to enjoin the construction of the naval base on ecological grounds. Does the expert have adequate standing?","Yes, because he has a personal stake in the litigation. ","Yes, because he is a recognized expert on marine biology and he testified at the congressional hearings. ","No, because the suit presents a nonjusticiable political question. ","No, because he is not suffering any actual harm or injury. ",D
"A woman borrowed $800,000 from a bank and gave the bank a note for that amount secured by a mortgage on her farm. Several years later, at a time when the woman still owed the bank $750,000 on the mortgage loan, she sold the farm to a man for $900,000. The man paid the woman $150,000 in cash and specifically assumed the mortgage note. The bank received notice of this transaction and elected not to exer-cise the optional due-on-sale clause in the mortgage. Without informing the man, the bank later released the woman from any further personal liability on the note. After he had owned the farm for a number of years, the man defaulted on the loan. The bank properly accelerated the loan, and the farm was eventually sold at a foreclosure sale for $500,000. Because there was still $600,000 owing on the note, the bank sued the man for the $100,000 deficiency. Is the man liable to the bank for the deficiency?","No, because the woman would have still been primarily liable for payment, but the bank had released her from personal liability.","No, because the bankÕs release of the woman from per-sonal liability also released the man.","Yes, because the bankÕs release of the woman consti-tuted a clogging of the equity of redemption.","Yes, because the manÕs personal liability on the note was not affected by the bankÕs release of the woman.",D
"A man works as an engineer in a small building. He uses a candle to meditate when he is stressed on the job, which then calms him down. He has been mulling an idea in his mind to take a lot of money from his employer using his computer skills, and he has worked out a general plan in his mind. Once he obtains the money, he thinks it might be good to let a candle drop and have the whole building burn down. While he is out at lunch, the janitorial staff came through his office. While cleaning the area, one person lit a candle on the man's desk. When they left, he forgot to blow it out. They slammed the door on the way out, causing the lit candle to fall. It started a fire that burned the building down. What crime, if any, is the man most likely to be convicted of?","Attempted arson, because he took steps to have a candle there to finish the criminal act, but someone else ended up causing an accidental fire that he did not cause.","Arson, because he took a substantial act by having the candle on his desk, and the crime was finished by the foreseeable act of a janitor lighting it and causing a fire.",Attempted arson and attempted murder. Attempted arson because he took a substantial step to committing arson.,"No crime, because he only had ideas in his mind and leaving the candle on his desk where he used it for meditation cannot be a substantial act toward committing a crime.",D
"Under the Federal Rules of Evidence, which of the following items of evidence is NOT self- authenticating?",A pamphlet on air safety regulations that a plaintiff claims is an official publication of the Federal Aviation Administration.,A copy of a magazine that a plaintiff claims contains a libelous picture.,A holographic will without attesting signatures that a plaintiff claims was written by her mother in her own handwriting.,"A certified copy of his car registration form that, according to a plaintiff, verifies his ownership of the vehicle. ",C
"Late one evening while the homeowners were away on vacation, Bob entered their home through a broken basement window. Bob knew that the homeowners were collectors of antique weapons. After ransacking the house, he found the prize collection of guns. Bob wrapped the guns in two of the expensive rugs in the home and hurriedly left the house. Upon returning from their vacation, the homeowners notified the police of the theft. During the investigation, a detective received a tip that the guns could be found in an old abandoned warehouse on the riverfront. When the police entered the warehouse, they found Sam with the guns. Upon questioning, Sam told the police that he had planned to dispose of the guns through a fence. With the homeowners' consent, the police authorized Sam to deliver the guns to the fence and sell them. As soon as the fence paid Sam and took possession of the guns, the police arrested both Sam and the fence. With which of the following crimes should Sam be convicted?",Larceny.,Possession of stolen property.,Burglary and receiving stolen property.,Burglary and possession of stolen goods.,B
"A man decided to steal a valuable coin collection from a collector's house while the collector was away. Knowing that the house had an alarm system, the man contacted the pool cleaner who worked at the house twice a week. The man offered the pool cleaner part of the proceeds from selling the coin collection if she would disarm the alarm and leave a side door unlocked so that the man could enter the house. The pool cleaner pretended to agree but then contacted the police, who immediately arrested then contacted the police, who immediately arrested the man. In a jurisdiction that follows the common law and has adopted the bilateral requirement for conspiracy, what crime has the man committed? ",Attempted burglary.,Attempted larceny.,Conspiracy.,Solicitation.,D
"A state has recently enacted a statute prohibiting the sale of beer in glass bottles. In accordance with the new law, all beer consumed within the state must be sold in aluminum cans that are recyclable. There is a provision of the statute that does permit breweries to distribute beer to bars, taverns, and restaurants in kegs for ""on-site"" consumption by patrons. Before the passage of the law, approximately 28% of all beer consumed in the state was packaged in glass bottles. Of that total, 75% of the beer was bottled outside the state, while 25% was bottled by companies in-state. The legislature passed the law at the strong urging of the aluminum can industry. It was estimated that one aluminum company alone spent over $5,000,000 in its lobbying campaign for the passage of the bill. Ironically, the new law even received strong support from environmentalists who believed that recyclable cans would help prevent littering and unsightly trash accumulation. The strongest federal constitutional argument against the validity of the law is that it violates the",equal protection clause of the Fourteenth Amendment by discriminating against beer bottlers.,privileges or immunities clause of the Fourteenth Amendment by preventing out-of-state beer bottlers from conducting their business in the state.,commerce clause by violating the negative implications on interstate commerce.,contracts clause by impairing the ability of beer bottlers to honor existing contracts for the sale of bottled beer in the state.,C
"Seven years ago, a man conveyed vacant land by warranty deed to a woman, a bona fide purchaser for value. The woman did not record the warranty deed and did not enter into possession of the land. Five years ago, the man conveyed the same land to a neighbor, also a bona fide purchaser for value, by a quitclaim deed. The neighbor immediately recorded the quitclaim deed and went into possession of the land. Two years ago, the neighbor conveyed the land to a friend, who had notice of the prior conveyance from friend, who had notice of the prior conveyance from the man to the woman. The friend never recorded the deed but went into immediate possession of the land. The jurisdiction has a notice recording statute and a grantor-grantee index system. If the woman sues to eject the friend, will the woman be likely to succeed? ","No, because the friend took possession of the land before the woman did.","No, because the neighbor's title was superior to the woman's title.","Yes, because the friend had notice of the conveyance from the man to the woman.","Yes, because the woman, unlike the friend, took title under a warranty deed.",B
"A collector told a local coin dealer that he wished to purchase an 1804 silver dollar. The coin dealer told the collector that he would locate one of these rare coins and the cost would be approximately $40,000 plus a commission. The coin dealer successfully located and arranged for the purchase of the 1804 silver dollar. After the collector purchased the coin, a disagreement arose as to the amount of commission. The coin dealer brought suit, claiming that the agreed-upon amount was 15%. The collector contends that they agreed upon 12%. At trial, the coin dealer introduces photocopies of company records showing that in all his previous dealings with the collector, and all other customers as well, he charged a 15% commission when asked to locate rare coins. The court should find that the offer of this evidence is","admissible, under the business records exception. ",admissible as past recollection recorded.,inadmissible as a violation of the best evidence rule.,inadmissible as hearsay not within any recognized exception.,A
"Betty Buyer wanted to buy an antique Volvo automobile owned by Sarah Seller who had previously expressed some interest in selling.  Betty wrote Sarah a signed letter on April 1 stating ""I will buy your Volvo for $10,000 cash upon you bringing the vehicle to my home before April 5. This offer is not subject to countermand."" On April 2 Sarah received the letter and wrote back a signed letter to Betty stating ""I accept your offer and promise to deliver the Volvo to you as you request."" Unfortunately, the Postal Authority delayed delivery of Sarah's letter for 10 days.  In the mean time, Betty grew tired of not hearing from Sarah and purchased another car.  When she learned that Betty would not complete the transfer, Sarah sued for breach of contract.  The court will likely hold that",The mailing of the April 2nd letter did not prevent a subsequent effective revocation by Betty.,The April 2nd letter bound both parties to a bilateral contract when received.,The April 2nd letter bound both parties to a unilateral contract.,"The April 2nd letter was effective to form a contract on April 12th, when the offeror received it.",A
Under which of the following fact situations should the defendant be found NOT guilty of the crime committed?,"A defendant was the treasurer of an electronics company. After remodeling his private residence, the defendant owes an outstanding balance of $25,000 to his contractor. Although he had a $100,000 certificate of deposit, the defendant didn't want to cash it because he would incur a penalty for early withdrawal. Consequently, the defendant, without authorization, withdrew $25,000 from the company account to pay his contractor. At the time he made this withdrawal, the defendant honestly intended to repay the money by cashing in his certificate of deposit the following week when it matured. The defendant is charged with embezzlement. ","A defendant was a salesman for a cellular phone company. He honestly believed that the company owed him $10,000 in sales commissions that he had earned. The company president disputed owing the defendant any outstanding commissions and refused to pay him anything. After a heated argument with the president, the defendant was fired from his job. Thereafter, still believing that he was entitled to the $10,000, the defendant barged into the president's office and, at gunpoint, demanded the money. Under the threat of being shot, the president handed over $10,000 to the defendant. Subsequently, the defendant is charged with robbery. ","A defendant was a new season ticket holder at basketball games. For the first game of the season, the defendant entered the arena to see his team play their rivals. As he was walking to his seat, the defendant saw a vendor selling yearbooks. When the vendor turned his head to make a sale, the defendant took a yearbook without paying. Thinking that he had stolen the yearbook, the defendant hurriedly walked away. After he had taken a few steps, the defendant for the first time saw a sign that read ""All Season Ticket Holders Entitled to a Free Yearbook. "" Unknown to the defendant at the time, if he had presented his season ticker stub to the vendor he would have received a free yearbook. The defendant is charged with larceny. ","A defendant, who was unemployed, opened a charge account at a department store by lying on a credit application that she was employed and earning a yearly salary of $20,000. Using her store credit card, the defendant purchased $1,000 in store merchandise. When the bills came due, she failed to make any payments because she was insolvent. At the time the defendant purchased the items, she honestly thought that she would have a job and be in a position to pay for the goods once the bills came due. The defendant is charged with false pretenses. ",B
"A man decided to give a cabin he owned to his daughter at his death. To accomplish this goal, he delivered to his attorney a deed that fully complied with the applicable statute of frauds and told his attorney to record the deed when he died unless he later gave the attorney instructions to the contrary. Three weeks after dropping off the deed, the man properly drafted and executed his own will, which left all of his real property to his son. One year later, the man died, and the attorney immediately recorded the deed. At the time of the man's death, the cabin was titled in his name and he owned no other real property. The daughter and the son now disagree as to who is entitled to ownership of the cabin. Other than the jurisdiction's statute of frauds and statute of wills, there are no applicable statutes. Who is entitled to ownership of the cabin? ","The daughter, because the attorney was, for gift-law purposes, a trustee for the daughter.","The daughter, because the deed fully complied with the statute of frauds.","The son, because the deed was not delivered to the daughter during the man's lifetime.","The son, because the proper execution of the will revoked the earlier gift to the daughter.",C
"When a life tenant fails to protect or preserve their land, permissive waste occurs. What is a life tenant not obligated to do?",Preserve the land and structures in a reasonable state of repair.,Pay interest on mortgages.,Pay ordinary taxes on the land.,Is responsible for damages caused by third-party tortfeasor.,D
"After a week of negotiations, an importer of cigars from a foreign country agreed in writing to supply a smoke shop with all of their needs of cigars for two years at a price of $1 per cigar. The following day, the foreign govermnent was overthrown. One week later, the United States govermnent announced an embargo on the importation of all products from the foreign country. The importer contacted the smoke shop and informed them that as a result of the embargo, the importer would not be able to fill any of the smoke shop's orders for cigars from the foreign country. What is the probable legal effect of the United States government's embargo on the contract between the importer and the smoke shop?",The smoke shop would be entitled to recover the difference between $1 and the cost of purchasing cigars manufactured in another country.,Both parties' duties of performance would be discharged by frustration of purpose.,Both parties' duties of performance would be suspended through temporary impossibility.,The parties' duties of performance would be excused because of a supervening illegality.,D
"A state legislature recently enacted a statute legalizing harness racing. The statute authorized pari-mutuel betting at certain track locations within the state. A seven-member commission was established and empowered to supervise and regulate the sport's activities. Under an inseparable provision of the statute, the commission was authorized to suspend the racing license of any trainer whose horse tested positive for illegal drugs. The statute permitted the commission to make the suspension without any prior hearing. However, suspended trainers were entitled to a prompt post- suspension hearing and decision on any issues in dispute. The racing season was inaugurated at the largest racetrack in the state. The featured race was a $1,000,000 harness race for 2-year-old trotters. After the awards presentation, the winning horse underwent a standard drug test and traces of cocaine were found in his urine sample. Immediately thereafter, the horse was disqualified and the commission suspended the horse's trainer, without a prior hearing. Without seeking a post-suspension hearing as provided by statute, the trainer brings suit in federal district court challenging the constitutionality of the state harness racing law. The statute is probably","constitutional, because being granted a racing license is a privilege, not a right. ","constitutional, because the state's interest in suspending the license of horse trainers suspected of illegal drugging is sufficiently important to permit the suspension of any prior hearing. ","unconstitutional, because the suspension provision unreasonably interferes with a trainer's right to contract with horse owners and seek gainful employment. ","unconstitutional, because the suspension provision violates due process by not affording a prior hearing. ",B
"After being fired, a woman sued her former employer in federal court, alleging that her supervisor had discriminated against her on the basis of her sex. The woman's complaint included a lengthy description of what the supervisor had said and done over the years, quoting his telephone calls and emails to her and her own emails to the supervisor's manager asking for help. The employer moved for summary judgment, alleging that the woman was a pathological liar who had filed the action and included fictitious documents in revenge for having been fired. Because the woman's attorney was at a lengthy out-of-state trial when the summary-judgment motion was filed, he failed to respond to it. The court therefore granted the motion in a one-line order and entered final judgment. The woman has appealed. Is the appellate court likely to uphold the trial court's ruling?","No, because the complaint's allegations were detailed and specific.","No, because the employer moved for summary judgment on the basis that the woman was not credible, creating a factual dispute.","Yes, because the woman's failure to respond to the summary-judgment motion means that there was no sworn affidavit to support her allegations and supporting documents.","Yes, because the woman's failure to respond to the summary-judgment motion was a default giving sufficient basis to grant the motion.",B
"A man was injured when his kitchen oven exploded due to a manufacturing defect. He filed a complaint against the oven manufacturer for personal injury damages. He also added a count for class certification and requested a recall of all similar ovens sold to consumers to stop the danger of physical injury. He created two putative classes: (1) everyone who purchased that model oven who lived in New York, the state where the man resided; and (2) everyone who purchased that model oven who resided in 25 other designated states where the company did business. The manufacturer filed a motion to dismiss the second putative class preliminarily under Rule 12(f) of the Federal Rules of Civil Procedure which allows for the early striking of any immaterial matter from the complaint. Will the federal district court judge likely grant the motion?","Yes, the court will grant it because the plaintiff is not a member of the second class that he set up.","Yes, the court will grant it because the plaintiff has not specifically listed the identity of each member of the second putative class.","No, the court will not grant it because it is too early to decide class certification issues and it can't be done through Rule 12(f) of the FRCP.","No, the court will not grant it because the plaintiff does not have to be a member of the exact class in order to represent that class.",A
"A state law requires any lawn mower sold in the state to meet a specified minimum level of fuel efficiency. A new federal statute requires all power equipment, including lawn mowers, to be labeled with energy efficiency stickers to permit purchasers to make informed choices when buying such equipment. The statute does not expressly preempt state law. Assume that no other federal statute or administrative regulation addresses the energy efficiency of power equipment. Which of the following is the best argument the state can make for the continued validity of its law? ","Congress cannot preempt state laws requiring a specified minimum level of requiring a specified minimum level of fuel efficiency for lawn mowers, because the use of such equipment is a wholly local event and, therefore, is beyond the regulatory authority vested in Congress by the commerce clause.","The law is unaffected by the federal statute, because Congress did not expressly prohibit state laws requiring power equipment to meet specified levels of fuel efficiency.","The purpose of the law is consistent with the purpose of the federal statute, enforcement of the law would not interfere with the full execution of the statute, and there is no evidence that Congress intended to preclude the states from enacting supplemental laws on this subject.","There is a very strong presumption that a specific state law on a subject normally within the state's police power prevails over a more general federal statute, because the Tenth Amendment reserves to the states primary authority over matters affecting public health, welfare, and safety.",C
"An employer offered to pay a terminated employee $50,000 to release all claims the employee might have against the employer. The employee orally accepted the offer. The employer then prepared an unsigned release agreement and sent it to the employee for him to sign. The employee carefully prepared, signed, and sent to the employer a substitute release agreement that was identical to the original except that it excluded from the release any age discrimination claims. The employer signed the substitute release without reading it. Shortly thereafter, the employee notified the employer that he intended to sue the employer for age discrimination. Is the employer likely to prevail in an action seeking reformation of the release to conform to the parties' oral agreement? ","No, because the employer acted unreasonably by failing to read the substitute release prior to signing it.","No, because the parol evidence rule will preclude evidence of the oral agreement.","Yes, because the employee's fraudulent behavior induced the employer's unilateral mistake.","Yes, because the parties were mutually mistaken regarding the contents of the signed release.",C
"A customer bought a can of corn at a grocery store. While eating the corn later that evening, the customer was injured by a small piece of glass in the corn. The customer sued the canning company that had processed and canned the corn. At trial, the customer presented evidence that neither the customer nor any third party had done anything after the can of corn was opened that would account for the presence of the glass. Without any other evidence, is the customer likely to prevail? ","No, because it is possible that someone tampered with the can before the customer bought it.","No, because the customer has not shown any direct evidence that the canning company acted negligently.","Yes, because a jury may reasonably infer that the canning company acted negligently.","Yes, because the grocery store could not have discovered the piece of glass by reasonable inspection.  ",C
"A man owned a house where he lived with his family. The man was convicted of selling large quantities of an illegal drug from his house. Acting under a state law authorizing the destruction of buildings that are used for illegal activity, the city destroyed the manÕs house. The manÕs family then rented an apartment and demanded that the city pay the rent for that temporary residence. The family relied on a state law providing that any person who was dispossessed of his or her place of residence because of the actions of city officials was entitled to replacement housing at the cityÕs expense until permanent substitute housing could be found. When the city refused to pay the rent for the apartment, the manÕs family sued the city in a state trial court claiming a right to such payment under both the state law and the due process clause of the Fourteenth Amendment to the United States Constitution. The highest state court ruled for the family. Although the court decided that the family had no right to payment under the state law, it held that the Fourteenth Amendment entitled the family to payment of the rent for the temporary apart-ment. In its opinion, the highest state court indicated that in several of its decisions it had found cities liable for compen-sation in similar situations on the basis of the due process clause of the state constitution. But the highest state court declined to base its holding on the state constitution because that issue had not been properly raised in the case. The city then filed a petition for a writ of certiorari in the United States Supreme Court. Does the Court have jurisdiction to review the merits of this case?","Yes, because the highest state court based its decision wholly on federal law grounds.","Yes, because the federal and state law issues in this case are so intertwined that a resolution of the federal law issues is necessary to facilitate a proper determination of the state law issues.","No, because the decision of the highest state court ren-ders the case moot.","No, because independent state law grounds could have been used to justify the result in this case.",A
"Suzy, a member of the sandbaggers, is mad about the general state of affairs and is itching to sue the federal government. Which of the following would enable her to have standing to do so?","She has been or will be directly and personally injured by the government action, which affects her rights under the federal law.",A decision in her favor would resolve her grievance.,"As a citizen, she can claim that government action violates federal law.",a and b,D
"A homeowner owned a single-story ranch- style home that was her primary residence. The homeowner received notice that her uncle had passed away and left her a two-story mansion in a neighboring city. The homeowner decided to move her primary residence to the mansion and rent the ranch-style home. She entered into a one- year written lease agreement with a tenant. The agreement set the monthly rent at $1,000. Shortly after the tenant took possession of the home, he built, at his own expense, a room addition onto the home. The room addition increased the appraised market value of the home from $200,000 to $250,000. At the expiration of the lease, the homeowner informed the tenant that she had decided to sell the home. She offered the tenant the first opportunity to buy the home, but the tenant replied that he could not afford to do so. The tenant did claim that he should be entitled to compensation for the room addition, since it had increased the value of the home, and the homeowner agreed. The tenant and the homeowner then executed the following agreement:""On the sale of the ranch-style home, the homeowner hereby promises to pay the tenant one- half of any sale proceeds in excess of $200,000, in compensation of the tenant's efforts in constructing the room addition onto the home. In addition, it is hereby agreed that the tenant may remain on the land until the sale is finalized, at a monthly rent of$500. ,'The homeowner initially set the asking price at $250,000, but received no offers to purchase the home. The homeowner decided to reduce the price to $210,000. This price reduction so infuriated the tenant that he thereafter made negative comments about the home to all of the prospective buyers who visited the home. Two months later, the homeowner sold the home to a buyer for $206,000. The buyer had visited the home while the tenant was away on a business trip and therefore did not hear the tenant's negative comments. Thereupon, the tenant, who had paid no rent for the final two months, moved out. After the sale was finalized, the homeowner refused to pay the tenant any of the sale proceeds. Which of the following statements, if true, most persuasively supports the tenant's contention that he is entitled to recover at least $4,000 from the owner (or the equivalent of one-half of the sale proceeds in excess of $200,000, minus two months' unpaid rent at $500 per month)?","The owner breached an implied promise by failing to attempt to sell the property at $250,000, which was the appraised market value of the home. ","Since the tenant made no negative comments about the home to the buyer, there is no showing that the tenant's remarks to the other prospective buyers necessarily caused any loss to the owner (i. e. , prevented her from selling the home for more than $210,000). ","The agreement between the homeowner that the tenant contained only one express condition (i. e. , the tenant was permitted to remain in the home during the owner's efforts to sell it), and since that condition has occurred, the tenant is entitled to his share of the proceeds from the sale. ","Even if the tenant's failure to pay any rent for the last two months was a material breach of contract, the owner's promise to pay the tenant a share of the proceeds of the sale was an independent covenant. ",B
"Many years ago, a nuclear power plant had been accused of poisoning local oyster beds with waste. The plant had been shut down for 10 years. Much to Darlene's chagrin, officials at the plant had announced plans to reopen the plant. Darlene, who was a waitress at a local restaurant, devised a scheme whereby she would contaminate oysters at her restaurant with small amounts of a poisonous substance. Although she didn't want to seriously injure anyone, Darlene believed that if some people got sick from eating the oysters, they would attribute their illness to nuclear waste from the power plant. To facilitate her plan, she stole some poison from a local pharmacy. She sprinkled it on some oysters at the restaurant where she worked. Mistakenly, she put too much of the poison on some of the oysters. A few of the customers who ate the oysters became sick and nauseated. One person suffered convulsions and died from the poisoning. A statute in the jurisdiction provides: ""Any intentional and premeditated killing, or one occurring during the perpetration of a felony, is murder in the first degree. Murder in the second degree is murder with intent to cause serious bodily harm. Manslaughter is an unlawful killing due to recklessness. ""Assault with intent to kill or to cause serious physical injury is a felony in the jurisdiction. There are no separate felonies relating to adulterating food or poisoning. The most serious crime for which Darlene can properly be convicted is","first-degree murder, because her acts were intentional and premeditated. ","first-degree murder, because the death occurred during the commission of a felony. ","second-degree murder, because of the intent to cause physical harm. ","manslaughter, because her conduct was reckless. ",D
"A defendant was charged with murder. The defendant was a butcher by trade, and it was crucial to the prosecution's case against the defendant to prove that the victim was stabbed to death with a butcher's knife. The prosecution called a police officer to the stand. The assistant district attomey marked a colored photograph of the dead murder victim for identification and was ready to question the police officer. Before the prosecutor proceeded further, the defense counsel objected to any use of the victim's photo, which pictured 14 stab wounds to his body. The photo is","admissible, for the limited purpose of showing that the stab wounds resulted from a butcher's knife. ","admissible, because it is relevant to the prosecution's case, and all relevant evidence is, by its nature, admissible. ","admissible, because the photo would neither mislead the jury nor waste time. ",inadmissible.,D
"Two defendants were prosecuted for conspiracy to rob a bank. An undercover officer of the local police department was the most important government witness. The defendants' principal defense was entrapment. The undercover officer testified for the government that he was present at a meeting with the defendants during which they plotted to rob the bank. He further testified that the idea of robbing the bank had first been suggested by one of the defendants, and that afterward, the undercover officer stated that he thought it was a good idea. Thereafter, the defendants' counsel called a witness who testified that the undercover officer had a bad reputation for truthfulness. The defense then called a second witness who proposed to testify that the undercover officer once perpetrated a hoax on the police department and was reprimanded. The second witness's proposed testimony is","admissible, because the hoax resulted in a reprimand of the undercover officer. ","admissible, because a hoax is probative of the undercover officer's untruthfulness. ","inadmissible, because it is essentially cumulative impeachment. ","inadmissible, because it is extrinsic evidence of a specific instance of misconduct. ",D
"A buyer sent an e-mail to a retailer of camping supplies inquiring about the possibility of purchasing a tent that would sleep four adults. The buyer explained that he was planning for an upcoming camping trip at the end of the month. The retailer responded by e-mail:""I can sell you a tent that would sleep four, for $500. This price is good for one week. ""Three days later, the retailer learned from another seller of camping supplies that the same buyer had come to her store the day before and had inquired about purchasing a tent that would sleep four adults. The other seller told the retailer that she had quoted the buyer a price of $600 for a tent that would sleep four adults. The next day, the buyer telephoned the retailer and stated that he wanted to buy the tent for $500. The retailer replied: ""I do not want to sell to you. I tried to deal with you in good faith, but I hear you've been comparing my prices with other sellers. Why don't you deal with them!"" The retailer then slammed down the phone. Assume that the retailer's e-mail created in the buyer a valid power of acceptance. Was that power terminated when the retailer learned from the other seller of the buyer's conversation with the other seller?","Yes, because the other seller gave factually accurate information to the retailer. ","Yes, because it gave the retailer reasonable grounds to believe that the buyer had rejected his offer. ","No, because the indirect communication to the retailer was oral. ","No, because the buyer's conversation with the other seller did not constitute a rejection. ",D
"A college student who was pledging a fraternity was required to steal a yield sign from a street intersection. At 10:00 P. M. one evening, the student went to the corner and removed the yield sign from the intersection. Motorists driving northbound were required to yield to other vehicles entering the intersection. Two hours later, a man was driving northbound toward the intersection after having just smoked marijuana. Failing to yield, the man crashed into a vehicle, killing the other driver. If the student and the man are prosecuted for the other driver's death, who shall be held criminally liable?","The student only, because his conduct was the legal cause of the other driver's death. ","The man only, because he was high on marijuana when he collided with the other driver's vehicle. ","The man and the student, because their acts were concurrent causes of the other driver's death. ","Neither the man nor the student, if the other driver had the last clear chance to avoid the accident. ",A
"On January 1, as part of a New Year's resolution, a woman signed the following agreement with an exercise facility:""I hereby enroll in the exercise facility's exercise program. A condition of this contract is that all fees are to be paid in advance. If, however, the total enrollment fees exceed $1,250, then one-third shall be paid upon the signing of said agreement, with one-third payable three months later, and one-third six months later. Under no circumstances shall any fees be refundable. ""The woman was informed that the fee for the exercise program in which she wanted to participate was $1,500, and that figure was written into the contract. Upon signing the contract, the woman made her first payment of $500 and started classes the next day. To most accurately describe the installment payment of $500 due on April 1 as it applies to continued use of the exercise facilities, it should be construed as a",condition precedent.,condition subsequent.,concurrent condition.,express condition.,A
"A patient underwent heart bypass surgery at a hospital. Members of the patient's family had donated blood to be used during the operation. The patient told the doctor she would agree to the operation only if any blood given to her during the operation came from the blood donated by her family. When the doctor performed the surgery, he requisitioned blood from the hospital's blood bank for the patient's transfusion instead of using her family's donated blood. It was the customary practice of doctors in the community to use blood from the hospital's blood bank during surgery. ft was later determined that the hospital blood given to the patient was tainted with HIV. The hospital had not properly screened the blood for the presence of the HIV virus. The patient did not contract the HIV virus. If the patient asserts an action against the doctor for battery, she will","prevail, because consent to the operation was based upon the use of her family's blood. ","prevail, because the hospital failed to properly screen the blood to detect its contamination. ","not prevail, because the patient did not contract the HIV virus. ","not prevail, because it was the customary practice of doctors in the community to use blood from the hospital's blood bank during surgery. ",A
"On March 15, in a signed written contract, a manufacturer agreed to sell 40,000 pens at $1 each to a retailer, delivery to be made in two equal installments on April 1 and May 1. The contract was silent as to the time of payment, but on March 25 the two parties orally agreed that the entire purchase price was to be paid on delivery of the second installment. On April 1, the manufacturer delivered 20,000 pens, and the retailer accepted them. The manufacturer then demanded payment of $20,000. When the retailer refused to make the payment, the manufacturer sued the retailer for breach of contract. In its defense, the retailer proffered evidence of the March 25 oral agreement. Is the manufacturer likely to succeed in its action? ","No, because even though the March 25 oral agreement is not effective, payment is due at the time of the second installment.","No, because the March 25 oral agreement was an effective modification of the written contract.","Yes, because the parol evidence rule bars the introduction of evidence of an oral agreement modifying a written contract.","Yes, because there was no consideration to support the modification.",B
"A car owner noticed a peculiar ""shimmy"" in the steering wheel of his automobile, which appeared to him to have been getting worse in the course of the preceding week. A few days after discovering the shimmy in the steering wheel, the car owner lent his automobile to his next-door neighbor. When the neighbor picked up the car, the car owner forgot to tell him about the shimmy. The neighbor was driving the car at a reasonable rate of speed within the posted speed limit when the car began to swerve across the road. The neighbor turned the steering wheel in an attempt to stay on the road. The steering failed, however, and the car veered off the road and onto the sidewalk. The car struck a pedestrian who was injured in the collision. If the pedestrian initiates suit against the owner of the car, the pedestrian will most likely","prevail, because the car owner knew the steering was faulty and failed to tell his neighbor who borrowed the car. ","prevail, because the car owner is strictly liable under the circumstances. ","not prevail, because the faulty steering was the cause-in-fact of the pedestrian's harm. ","not prevail, because the car owner was a gratuitous lender. ",A
In which situation would a Defendant not be held to the standard of care of a reasonable person?,"Defendant is deaf, and is accused of being negligent in failing to heed a warning bell.",Defendant has poor judgment.,Defendant is hot-tempered and damaged property in a tantrum.,Defendant has an I.Q. of 85.,A
"Late one night, a defendant and a man broke into a jewelry store. As they were looting the store, the owner, who lived across the street, looked out his window and saw additional lights on in the store. The owner ran across the street to his store. Before he arrived, however, the defendant became scared and left the store through a back entrance. When the owner entered the store, the other man hid behind a display counter. As the owner walked toward the cash register, he discovered the man in a crouched position. Startled, the man pulled out a knife and stabbed the owner to death. In this jurisdiction, the applicable burglary statute includes all buildings. If he is subsequently arrested and charged with murder, can the defendant be found guilty?","No, because the killing was unintentional. ","No, because he had renounced his participation in the burglary before the killing. ","No, because the owner's death was not a foreseeable consequence of the burglary. ","Yes, provided that he is also found guilty of burglary. ",D
"A husband and a wife were chronic alcoholics. One afternoon, the husband drank a fifth of bourbon and was drunk when his wife returned home from work. When the wife saw her husband's condition, she got very angry because they had planned to go out to dinner and celebrate their wedding anniversary. While the husband was passed out on the living room couch, the wife decided to fix herself a martini. After drinking two martinis, the wife became extremely inebriated. A short while later, the wife began preparing a third martini and tried to slice a lemon for the drink. As she did so, the knife slipped, and she cut her hand severely. With blood gushing from the wound, the wife called her husband to help her. He awoke momentarily, stood up, but fell back on the couch and passed out. He failed to render any assistance, and the wife bled to death. If the husband is subsequently charged with manslaughter, he will be found","guilty, because he owed his wife a duty to assist her. ","guilty, because criminal negligent conduct cannot be negated by voluntary intoxication. ","not guilty, because the wife caused her own injury. ","not guilty, because he was physically unable to assist her. ",D
"A homeowner purchased a new vacuum cleaner. A few days later, the homeowner received a severe electric shock while using the vacuum cleaner. The homeowner realized that there was a short in the wiring of the vacuum cleaner. The homeowner called the store that sold the vacuum cleaner and arranged to return it for a refund. The homeowner was busy, however, and would not have time to make a trip to the store for several days; so he put the vacuum cleaner in a corner in his living room to store it until he had a chance to take it to the store. The next day, the homeowner had an old friend from out of town arrive for a three-day visit. The homeowner had a spare room and loved to have overnight guests, so he had invited this old friend to come for a visit and was excited to see her. Shortly after the guest's arrival, however, the homeowner had to go to work for a few hours, so he told his friend to make herself comfortable in the house while he went to his office. While the homeowner was away from the house, his friend got hungry and made herself a snack. After finishing the snack, she realized that she had dropped a lot of crumbs on the carpet. Wanting to be a polite guest, she decided to clean up the mess herself before the homeowner returned. She saw the vacuum cleaner in the corner, plugged it in at an electric outlet, and started to vacuum up the crumbs, when she received a very strong electric shock as a result of the vacuum cleaner's faulty wiring. If the guest asserts a claim against the homeowner, the most likely result is that the guest will","recover, because the homeowner knew about the hazardous condition of the vacuum cleaner and yet failed to warn the guest. ","recover, because the homeowner had a duty to make a reasonable inspection of the home to discover any unknown dangers. ","not recover, because the homeowner did not create the risk of harm. ","not recover, under the family purpose doctrine. ",A
"A veterinarian was the owner of 1,500 acres of undeveloped timberland. The land in question had never been occupied, fenced, or cleared except that for 24 years, a mining company, one mile from the property, regularly drove trucks over a cleared path pursuant to an agreement with the veterinarian. The agreement, which was duly recorded, provided that ""the parties expressly agree and the veterinarian promises that the veterinarian and his successors shall refrain from obstructing the said described pathway across the veterinarian's land, which the mining company and its successors may perpetually use as a road, in consideration of which the mining company and its successors will pay the sum of $700 per annum. ""The provision in the agreement between the veterinarian and the mining company granting ""the use of the pathway"" to the mining company may best be described as a (an)",license.,easement appurtenant.,easement in gross.,prescriptive easement.,C
"In a breach of contract action brought by a supplier against a grocery store for refusing to buy his artisanal bread and goat cheese, the supplier calls his ex-wife to testify about the business the supplier operated and the financial effect of the breach on his business and personal finances. On cross-examination she admits that she is the supplier's former spouse. Thereafter, on re-direct, the supplier's attorney seeks to have the ex-wife testify that she and the supplier have not spoken to each other since their bitter divorce proceeding threeyears ago. The ex-wife's testimony is",admissible under the family history exception to the hearsay rule.,"admissible, because the ex-wife's answer might rebut the inference of bias. ","inadmissible, because it relates to a collateral matter. ","inadmissible, because it is irrelevant to any substantive issue in the case. ",B
"A wife was notified by an airline that her husband's plane had crashed. All passengers aboard were reported lost at sea and presumably drowned. The wife, after making diligent inquiries in good faith, became convinced that her husband was dead. Three years later she re-married. A few months after her re-marriage, the newspaper announced that her husband had been found on a desert island and was rescued. The wife was then prosecuted under the following state bigamy statute. ""Whoever, being married, shall marry any other person during the life of the former spouse shall be guilty of a felony: provided, that nothing in this Act shall extend to any person marrying a second time whose spouse shall have been continually absent from such person for a period of seven years last past, and shall not have been known by such person to be living within that time. ""On the charge of bigamy, the wife should be found",guilty.,"not guilty, because of the wife's mistake of fact regarding her husband's death. ","not guilty, because of the wife's mistake of law regarding her husband's death. ","not guilty, because the wife did not have the requisite mens rea to be held criminally liable. ",A
"A fan attended a minor league hockey game in his hometown. Unfortunately, he was only able to obtain tickets in the visitor's section. While at the game, he became involved in an altercation with a fan of the visiting team. When the fan cheered for a home team goal, the visiting fan turned around and threatened to kill the home fan if he didn't shut up. The home fan pulled a knife out of his pocket and stabbed the visiting fan in the arm. At his trial for aggravated assault, the home fan wants to introduce a statement from a witness who was standing next to the visiting fan at the game. The statement, which the witness had made earlier in the game when the home fan cheered for the home team, was, ""You'd better watch out. At a hockey game last week, the visiting fan put two guys in the hospital when they wouldn't shut up. One of them had 33 stitches after the visiting fan bashed his head against the steps. ""Assume that the witness's statement is offered as proof of the effect it produced in the home fan's mind. In this regard, the statement would most likely be",admissible as non-hearsay.,admissible as a present sense impression.,inadmissible as hearsay not within any recognized exception.,"inadmissible, because the statement is selfserving. ",A
"A boyfriend stole a diamond necklace that he gave his girlfriend as a birthday present. At the time the boyfriend gave the necklace to his girlfriend, she did not know that it was stolen. Three weeks later, while the boyfriend and his girlfriend were lying in bed, she whispered in his ear, ""Gee, darling, I really love the diamond necklace you gave me. . . it must have cost a fortune. "" The boyfriend responded, ""Honey, the necklace didn't cost me anything. . . I stole it. "" Startled by her boyfriend's confession, the girlfriend broke down and started crying. Moments later, however, after regaining her composure, the girlfriend decided to keep the necklace. The girlfriend is guilty of",receiving stolen property.,larceny.,larceny by trick.,no crime.,D
"After riding the bus to and from her high school for two years, a girl decided that she was tired of relying on the bus and wanted her own mode of transportation. Since she had just turned 16 and received her driver's license, she decided to purchase a motor scooter from a local retailer for $12,000. The written contract with the retailer provided that the girl would make monthly payments of $500 for two years. During the first year of the contract, the girl made 12 monthly payments totaling $6,000. However, the girl failed to make any payments during the second year of the contract. The retailer repeatedly threatened to sue the girl for the remaining balance that it claimed was due under the contract. However, the retailer never followed through on this threat. Shortly after the girl turned 18, she sent the following letter to the retailer:""I had to stop making payments because I ran out of money. I am hoping that will change shortly. However, I've been told I am not obligated to pay anything more to you, because I was underage when we entered into the contract. But I want to be fair. I am willing to pay you $3,000 by the end of the year if my financial position improves. ""The girl never made any further payment to the retailer. If the retailer brings suit to recover damages from the girl, which of the following, if it were found to be true, would provide the retailer with its best argument for recovery?",The motor scooter was demolished in an accident shortly after the girl sent the letter.,The retailer was unaware that the girl was a minor at the time the contract was formed.,"The girl's financial position has improved to the extent that she is able to pay the $3,000 she had promised to pay. ",The motor scooter that the girl purchased is a necessary of life.,C
"A seller sold his boat to a buyer. During negotiations, the buyer said that he planned to sail the boat on the open seas. The seller told the buyer that the boat was seaworthy and had never sustained any significant damage. In fact, the hull of the boat had been badly damaged when the seller had run the boat aground. The seller had then done a cosmetic repair to the hull rather than a structural repair. The buyer relied on the seller's representations and paid a fair price for a boat in good repair, only to discover after the sale was completed that the hull was in fact badly damaged and in a dangerous condition. The seller has refused to refund any of the buyer's money, and the buyer is contemplating suing the seller. Under what theory would the buyer be most likely to recover? ",Fraud.,Intentional endangerment.,Negligent misrepresentation.,Strict products liability.  ,A
"A candidate for governor hired a production company to shoot a series of commercials that the candidate planned to use in his campaign. The written contract entered included a ""production fee clause"" that provided that the production company would be ""paid $100,000 for the filming and editing of ten 30-second commercials"" that would be suitable for the candidate's television campaign broadcasts. The production fee clause also stipulated that the $100,000 would be paid to the production company ""on condition that the filming and editing be directed under the personal supervision of the president of the production company. "" The contract made no other reference to compensation. Thereafter, the production company filmed and edited the ten campaign commercials, which the candidate approved. When the production was completed, the production company submitted to the candidate an invoice statement in the amount of $150,000. Besides the $100,000 contract figure, the bill included a $50,000 charge for the president's full-time services in directing the filming and editing of the videos. Denying any additional liability, the candidate sent the production company a check for $100,000. The production company then brought suit against the candidate to recover the $50,000 to cover the president's services. Which of the following arguments would be most persuasive in the candidate's efforts to prevent the introduction of parol evidence to show that prior to the parties' execution of the written contract they had orally agreed on payment by the candidate to cover the president's salary in addition to the $100,000 production fee?",There was no latent ambiguity contained within the actual written contract.,"The written ""production fee clause"" is clear on its face, and no patent ambiguity is present in the writing. ",Parol evidence of a prior oral agreement is barred if it contradicts a term of a written contract.,"Since the agreement contained a compensation clause that specified a stipulated amount, the contract was fully integrated on that subject. ",D
"A boyfriend and his girlfriend broke into a house late at night with the intent to steal a stereo system. Although they believed that the homeowner was away on a business trip, he was, in fact, asleep in an upstairs bedroom. While they were inside the house, the girlfriend announced that she had changed her mind and urged her boyfriend to leave. The homeowner, who was awakened by the noise downstairs, descended the staircase to investigate. Upon seeing the homeowner, the girlfriend again urged her boyfriend to flee. Instead, the boyfriend attacked the homeowner and tied him up with rope. Thereupon, the boyfriend and girlfriend departed with the stereo equipment. After they left, the homeowner choked to death from the ropes while trying to free himself. The boyfriend and girlfriend were charged with burglary but were acquitted. Thereafter, the boyfriend and girlfriend were apprehended and prosecuted for felony murder with the underlying felony being burglary. With respect to the boyfriend and girlfriend's criminal liability for felony murder, which of the following is most correct?",The burglary acquittal precludes any subsequent prosecution under the doctrine of res judicata.,The burglary acquittal precludes any subsequent prosecution under the doctrine of collateral estoppel.,The burglary acquittal precludes prosecution for felony murder under the doctrine of double jeopardy.,The burglary acquittal does not preclude subsequent prosecution for felony murder.,C
"An investor was the record owner in fee simple absolute of a 125-acre parcel of land located in the Southwest. The investor conveyed the property ""to my assistant for life with remainder to my son. "" At the time of the conveyance, the son was in medical school outside the United States. The assistant immediately recorded the deed and took possession. Shortly thereafter, the assistant discovered that the property contained large coal deposits, which she mined and began to sell. Three years after the original conveyance, the son graduated from medical school and returned to the Southwest. He then learned of the conveyance and also ascertained that the assistant had not paid taxes on the parcel of land for the last three years. After discovering that the property was subject to a pending tax foreclosure, the son demanded that the assistant pay the delinquent taxes. Even though the profits from the coal sales were quite substantial, the assistant refused to pay the outstanding taxes. The son thus paid the taxes himself. If the son sues the assistant to recover the taxes and for an accounting of the proceeds received from the coal sales, judgment should be","in favor of the son for the taxes, but not for the coal. ","in favor of the son for the coal, but not for the taxes. ",in favor of the son for both the taxes and the coal.,against the son for both the taxes and the coal.,C
"A small electronics corporation decided to radically overhaul its manufacturing processes and borrowed $200,000 from the bank for this purpose. The loan was secured by a mortgage on the corporation's plant and building site. When the debt came due, the corporation was short of ready cash and the bank threatened to foreclose. One of the shareholders of the corporation then intervened on behalf of the corporation and told the bank officials that if they would refrain from any legal action against the company for a year, she would personally see that the debt was paid. The bank orally agreed to the shareholder's arrangement. However, it was never reduced to writing. The bank's promise to the shareholder to refrain from foreclosing on the mortgage would constitute",a void promise at the time of inception.,a voidable promise as violative of the statute of frauds.,"an unenforceable promise, because the corporation had a pre-existing duty to pay the debt at maturity. ","an enforceable promise, binding the shareholder as a surety. ",B
"A plaintiff has sued the government for injuries she received when her car was allegedly forced off the road by a military convoy. At trial, an eyewitness testifies for the plaintiff and then is asked on cross- examination whether he belongs to a religious group that refuses on principle to file federal tax returns, because the revenues are used to build weapons of war. Is the question proper? ","No, because evidence of the witness's religious beliefs cannot be used for impeachment in this case.","No, because the witness's character cannot be impeached by evidence of criminal acts, but only by convictions.","Yes, because a person's willingness to violate tax laws indicates possible willingness to testify falsely.","Yes, because the witness's beliefs are relevant to the possibility of bias.",D
"A customer purchased a mattress from a furniture store. The mattress had a defective spring, which one of the manufacturer's workers had not properly tied down. When the customer slept on the mattress, she was wounded in the back by the sharp point of the spring. The customer sued the furniture store for negligence and breach of warranty. At trial, the customer testified that the salesman assured her that the furniture store inspected each mattress before delivery. Furthermore, the customer testified that she remembered the salesman telling her that ""The furniture store stands behind all of its mattresses with a lifetime guarantee. "" She is then asked if the salesman made any other representations about the mattress. The customer stated, ""Yes, in fact the day before the mattress was delivered, I received a letter from him thanking me for my patronage at the furniture store. As I recall, he also made some assurances about the manufacturer's mattresses. "" The customer's attorney then asked, ""What assurances were made in the letter?""The customer's answer is",admissible as an admission.,admissible as a declaration against interest.,"inadmissible, under the best evidence rule. ",inadmissible as hearsay not within any recognized exception.,C
"A financial analyst was selling illegal drugs as a second income. He met with a reputed drug dealer in a public park and purchased $10,000 worth of pills that were represented to be Oxycodone. They turned out to be worthless sugar pills. In a rage, the analyst hired a thug to beat up the drug dealer and try and get his money back. The thug did try to beat the drug dealer, who turned out to be an federal undercover officer, who had the thug arrested. The financial analyst did not at any time know that the purported drug dealer was a federal drug enforcement officer. Can the financial analyst be convicted of criminal conspiracy (18 U. S. C. Â§ 371) to commit an assault upon a federal officer (18 U. S. C. Â§ 111) under federal law?","Yes, the defendant does not have to know that the victim of an assault is a federal officer.","Yes, 18 U. S. C. Â§ 111 is a strict liability offense to which there are no defenses.","No, the defendant must have knowledge that the intended victim is a federal officer to be convicted under 18 U. S. C. Â§ 111.","No, the officer sold fake drugs to the defendant, which is a defense to 18 U. S. C. Â§ 111.",A
"A defendant owned a large parcel of farmland located in a rural section of a state. He conducted a small farming operation on the property and grew corn, broccoli, and other vegetables, which he sold to local produce companies. One day, the county police received an anonymous tip that the defendant was growing marijuana on his farm. Acting on this information, in an unmarked vehicle, two undercover police officers then drove to the defendant's farm. They climbed over a chain-link fence and walked around the farm. While surveying the terrain, they came upon a small marijuana patch. The officers then noticed fresh footprints that led from the marijuana patch to a nearby cabin. Believing that marijuana was being stored in the cabin, the police officers decided to immediately secure a search warrant. After obtaining the warrant, they returned to the defendant's farm and entered the cabin. Inside the cabin, the police found a large amount of marijuana that had been recently harvested. The defendant was then arrested and charged with unlawful possession of marijuana. The defendant files a pretrial motion to suppress the marijuana as evidence on grounds of an illegal search and seizure. The motion should be","denied, because the officers secured a warrant before entering the cabin despite the fact that their earlier actions may have been unlawful. ","denied, because the warrant was validly issued and based upon information lawfully obtained. ","granted, because the marijuana was the fruit of an illegal search and seizure, since the police did not have probable cause to conduct their investigation. ","granted, because the police were unlawfully on the defendant's property when the marijuana was initially discovered. ",B
"A security guard, dressed in plain clothes, was working for a discount store when a customer got into a heated argument with a cashier over the store's refund policy. Without identifying himself as a security guard, the security guard suddenly grabbed the customer's arm. The customer attempted to push the security guard away, and the security guard knocked the customer to the floor, causing injuries. The customer sued the discount store for battery on a theory of vicarious liability for the injuries caused by the security guard. The store filed an answer to the customer's complaint, asserting the affirmative defense of contributory negligence. The customer has moved to strike the affirmative defense. Traditional rules of contributory negligence apply. Should the trial court grant the customer's motion? ","No, because contributory negligence is an affirmative defense to a cause of action based on vicarious liability.","No, because the customer should have known that his argument with the cashier might provoke an action by a security guard.","Yes, because contributory negligence is not a defense to battery.","Yes, because the customer did not know that he was pushing away someone who was employed as a security guard.  ",C
Under which of the following fact situations would the defendant's Miranda waiver most likely be ineffective?,"A defendant recently graduated from law school. At her graduation party, the defendant became highly intoxicated after drinking a pint of whiskey. Following the party, the defendant attempted to drive home in her car. She fell asleep at the wheel and crashed into another vehicle, seriously injuring the driver. Shortly after the accident, a police officer came on the scene and arrested the defendant, charging her with D. U. I. The defendant was then given her Miranda warnings and transported to the police station. Upon questioning, the defendant, who was still highly intoxicated, waived her Miranda rights, and the police elicited an incriminating statement. ","A defendant stabbed a victim after a violent argument. Following the stabbing death, the police arrested the defendant and charged him with murder. He was transported to the station house where Miranda warnings were given. Afterward, the defendant was interrogated and proceeded to waive his Miranda rights. He then confessed to committing the crime. At trial, a psychiatrist testified that the defendant was mentally ill and his confession was not the result of a knowing and intelligent waiver. ","A defendant was a 15-year-old boy who was a high school sophomore. He possessed normal intelligence and experience for a youth of his age. One night he and two friends attended a concert in the park. After the concert, the defendant and his friends went on a spree, assaulting and robbing a number of victims in the park. The next day, the defendant was arrested. After being subjected to persistent questioning for two hours, the defendant waived his Miranda rights and made a confession. At trial, the defendant claims that he did not make a knowing and intelligent waiver. ","A defendant was a 16-year-old juvenile who was in police custody on suspicion of murder. He was given his Miranda warnings and he then requested to have his probation officer present. He had been on probation for a series of juvenile offenses. His request was denied. During a brief interrogation, the defendant proceeded to waive his Miranda rights and made incriminating statements that linked him with the crime. At trial, the defendant's lawyer claims that his waiver was ineffective because his request to see the probation officer was the equivalent of asking for a lawyer. ",C
"A private developer sought a building permit to build a nursing home in a district that was zoned ""residential"" by the township. The home would house 200 beds for persons needing nursing home care for the remainder of their lives. The state government approved the request and certified the need for more nursing homes in that township. The township, however, vehemently opposed permitting a nursing home in a residential zoning district and refused the building permit. The township's zoning law has 15 residential zones, each of which does not allow a nursing home. The nursing home sued in federal court requesting declaratory and injunctive relief on the basis that the zoning law was discriminatory against handicapped persons and a violation of federal law. Will the court compel the township to allow the construction of the nursing home?","Yes, under federal law all municipalities must provide reasonable accommodations to handicapped persons, and the zoning law in question violates that mandate.","No, it is strictly a matter of local preference whether a particular use will be allowed in a zoning district.","No, because there are numerous other locations for nursing homes within the state, a local community's restriction against that use is not discriminatory.","Yes, the zoning law represents an unconstitutional denial of substantive due process to handicapped persons.",A
"A U. S. senator fired one of her staff members for being insubordinate and refusing to follow the senator's instructions about handling several important matters. To get revenge for being fired, the staff member forged some documents that falsely suggested the senator was taking bribes from lobbyists. The staff member anonymously mailed the forged documents to an investigative reporter from a major mitional newspaper. Based on the forged documents, the newspaper published stories accusing the senator of corruption. The staff member eventually admitted that he had forged and mailed the documents to the reporter. If the senator brings a defamation suit against the former staff member for forging and mailing the documents to the reporter, the senator will most likely","recover, because the staff member was aware that the documents were false. ","recover, because the senator can prove that she suffered actual economic or other harm as a result of the newspaper stories. ","not recover, because the senator is a public figure. ","not recover, because the First Amendment provides a privilege for speech relating to a legislator and her staff. ",A
"A driver of a car negligently hit a pole causing injuries to his passenger. The passenger was rushed by ambulance to the hospital where he received treatment and surgery. While operating on the injured passenger, the surgeon negligently caused severe internal injuries to the patient. Can the passenger collect damages from the driver for the surgeon's negligence?","Yes, because the malpractice of medical providers is usually considered within the ambit of foreseeable results stemming from an auto accident.","No, the chain of causation was broken by the malpractice, which was not foreseeable.","No, a plaintiff can never collect damages caused by an intervening negligent human force.","Yes, a plaintiff is entitled to all damages that flow after the initial accident occurs.",A
"An owner owned a two-story building, which he leased to a tenant. The tenant established a hardware store on the first floor and equipped the second floor as an apartment in which he lived with his wife and children. The two floors were connected by an outside wooden staircase with a handrail. The staircase was in a dilapidated condition at the time the tenant entered into the leasehold agreement. When the tenant took possession of the building, he notified the owner about the condition of the staircase and insisted that it be repaired. Although the owner orally promised the tenant that he would remedy the condition, he failed to do so. Later that evening, the tenant and his wife were receiving some friends for a small dinner party. One of the guests arrived at 7:00 p. m. and climbed the stairs to the second floor apartment. When the guest was half way up the stairway, which had not been repaired, it collapsed, seriously injuring her. In a negligence action initiated by the guest to recover for injuries suffered as a result of her fall, she will most likely","recover against the tenant only, because as a general rule, a lessor of land is not liable to his lessee or to others on the land for physical harm caused by any dangerous condition that existed when the lessee took possession. ","recover against the owner only, because a lessor of land is subject to liability for physical harm caused to his lessee and others upon the land by a condition of disrepair existing before the lessee has taken possession. ","recover against the owner only, because under the public use exception, a lessor who leases land for a purpose that involves the admission of the public is subject to liability for physical harm caused to such persons by a hazardous condition existing when the lessee takes possession. ","recover against the tenant and the owner, because both the lessor and the lessee would be liable to others for their failure to remedy the defective staircase. ",D
"A man with a herniated lumbar disk was a passenger in a car that was hit by another car going through a stop sign. He was hospitalized and released with instructions to continue his ongoing therapy treatments. X-rays and MRI's had shown the same lumbar disk herniation, and no additional injuries, although the man reported increased pain, discomfort and inability to function. He now required twice as much therapy and significantly stronger medications to control the pain. He sued the negligent driver. The driver argued that the passenger had the same herniated disk prior to and after the accident. Will the court take the case away from the jury on the basis that the passenger has not shown an injury?","Yes, because the increased therapy is insufficient to justify a claim for damages.","Yes, because it would be impossible to separate the post-accident injuries from those that existed prior to the accident.","No, because he has shown an exacerbation of a pre-existing condition where there is enough evidence to apportion the damages.","No, all damages are always automatically switched to the driver who caused the second accident.",C
"A hunter was on his property one day looking for rabbits and other small game, which he shot occasionally for sport. As he rounded a clump of bushes, he spotted a hiker, who, he thought, was a man wanted by the police. The hiker, who had his back to the hunter, was carrying a rifle on his shoulder. The hunter called out to the hiker to stop. The hiker was startled and, as he turned around, his rifle fell forward so that it pointed directly at the hunter. The hunter, thinking the hiker was about to shoot him, fired his rifle at the hiker. The bullet missed the hiker and hit a trespasser on the property. The hunter was aware that people often walked onto his land because there was a pond adjoining the property, which provided boating and fishing activities. If the trespasser asserts a claim against the hunter for battery, the trespasser will","recover, because the hunter intended to hit the hiker. ","recover, because the trespasser suffered a harmful and offensive contact. ","not recover, because the hunter accidentally shot the trespasser. ","not recover, because the hunter reasonably acted in self-defense. ",D
"A privately owned shopping center leases retail store space to private retailers. A group of students from a local high school were distributing pamphlets commemorating a national holiday in the enclosed mall area of a privately owned shopping complex. The management of the shopping complex requested that the students cease distributing the pamphlets or leave the premises. When they refused, the police were summoned to disperse the students. Upon the arrival of the police, the students were removed from the premises. Subsequently, the students brought suit in federal court seeking an injunction that would order the shopping complex management to allow them to distribute the pamphlets within the mall. The students will","prevail, because pamphleteering is a speech- related activity, which is protected by the First and Fourteenth Amendments. ","prevail, because there is not an anti-pamphleteering statute. ","not prevail, because pamphleteering on private property is not a constitutionally protected activity. ","not prevail, because pamphleteering may be prohibited as a public nuisance that invades the privacy interest of persons not wishing such communicative contact. ",C
"A woman was driving to work when her car was struck by another car. At the time of the accident, the other driver had momentarily taken his eyes off the road while he placed a CD in his dashboard player. Following the collision, which resulted in the woman's car being extensively damaged, the woman demanded that the other driver pay for the repair work. Whereupon, the other driver said to the woman, ""If you will take $2,000, I'm certain my insurance company will pay for it. "" The woman refused the other driver's offer and sued him for damages. If, at trial, the woman seeks to testify to the other driver's statement, this proffered evidence should be ruled",admissible as an admission by a party-opponent.,admissible as a statement against interest.,inadmissible as a statement made in conjunction with settlement negotiations.,inadmissible as a self-serving declaration.,C
"A witness testified under a state grant of immunity about statewide gambling activities being investigated by a state grand jury. Five months later, the witness was subpoenaed by a federal grand jury investigating gambling related activities. Which of the following statements is correct with respect to the witness's rights before the federal grand jury?",The witness's grant of immunity by the state would extend to all subsequent investigations.,Federal authorities have the burden of showing that they have an independent source for their evidence against the witness.,The witness's Fifth Amendment protection against double jeopardy would extend to federal prosecution.,"In order for the witness's grant of immunity to apply in the federal investigation, it must be broader than the protection afforded by his Fifth Amendment privilege against selfincrimination. ",B
"A woman was driving her van along a public road one night. A police officer, who was driving behind the woman, decided to make a random stop of the woman's vehicle to check her license and registration. The officer pulled the woman's van over to the side of the road and then walked up to the driver's side of the vehicle. When he came alongside the driver's window, the officer asked the woman for her identification. As the woman was thumbing through her wallet, the officer shone his flashlight into the van and spotted a plastic bag containing marijuana lying on the floor under the back seat. The officer then arrested the woman and charged her with possession of marijuana. At the woman's trial for illegal possession of a controlled substance, her attorney moved to suppress the use of the marijuana as evidence. Her motion should be","granted, because the marijuana was the fruit of an illegal search. ","granted, because the police officer did not have probable cause or a reasonable suspicion to believe that the woman's van contained a controlled substance. ","denied, because the marijuana was in plain view when the police officer shone his flashlight inside the van. ","denied, because the seizure of the marijuana was made pursuant to a lawful investigatory stop. ",A
Sally sold heroin to John. John was later stopped by police for speeding. The police searched John's car and found the heroin concealed under the rear seat. Sally is charged with illegally selling heroin. Sally's motion to prevent introduction of the heroin into evidence will most probably be,"granted, because the heroin was not in plain view. ","granted, because the scope of the search was excessive. ","denied, because Sally has no standing to object to the search. ","denied, because the search was proper as incident to a valid full custodial arrest. ",C
"A plaintiff, a former city employee, sued the city for his alleged wrongful discharge from a civil service position. The plaintiff alleged that his supervisor had discharged him in retaliation after she learned that he had told the police he thought the supervisor might be embezzling. At trial, the plaintiff has called the supervisor as an adverse witness, and the supervisor has testified that the plaintiff was fired for incompetence. The plaintiff's attorney then asks the supervisor, ""Isn't it true that before the discharge you were told that [the plaintiff ] had reported to the police that you were pilfering money from the office coffee fund?"" For what purpose(s) is the plaintiff's question permissible? ",Only to establish the supervisor's improper motive in discharging the plaintiff.,Only to impeach the supervisor's veracity as a witness because of her dishonesty. a witness because of her dishonesty.,"Only to impeach the supervisor's veracity as a witness because of her personal bias against her accuser, the plaintiff.",Both to impeach by showing bias and to establish improper motive in discharging the plaintiff.,D
"A state is concerned with the increase in teenage use of alcohol. In an effort to decrease exposure to alcohol, which poses harmful health risk, the state legislature has enacted a statute to restrict various methods of advertising by alcohol manufacturers. One of the provisions of the law states that advertising of alcohol prices is not permitted except by placement of a sticker on the bottle or container. An alcohol company who was a major distributor of alcohol in the state, claims the advertising restriction violates its constitutional rights protected by the First and Fourteenth Amendments. If the alcohol company files suit challenging the validity of the state statute, the court should rule the statute","constitutional, because the state law is rationally related to the health and safety of the state's citizens. ","constitutional, because the restriction on commercial speech directly advances a substantial government interest. ","unconstitutional, because the regulation on commercial speech is not necessary to further an important government interest. ","unconstitutional, because the state could achieve its objective by a less restrictive means. ",D
"A sportsman was the owner of an old dilapidated stadium, which was located on the outskirts of the city. The stadium, which was built in 1932, had been the home stadium for the local professional baseball team for 30 years. However, in 1962, the baseball team franchise moved to another city. Since 1962, the stadium was left unattended and had deteriorated to such an extent that the walls were in danger of collapsing. Last month, an earthquake struck the city. The earthquake, which registered 6. 9 on the Richter scale, caused considerable damage in the city and caused the stadium to collapse. As the stadium crumbled to the ground, a large section of the press box fell on top of a car that was parked nearby. The auto was crushed, causing its gas tank to rupture. As a result, a large quantity of gasoline spilled along the street and flowed downhill. The gasoline collected in front of a homeowner's home, which was located about a mile from the stadium. Two hours after the earthquake struck, a pedestrian was walking in front of the homeowner's home, smoking a cigarette. When he discarded his lighted cigarette butt in the street, the gasoline exploded. The explosion blew the windows out of the homeowner's home. The homeowner, who was sitting in the living room watching television, was struck by the flying glass and injured. If the homeowner asserts a claim for his injuries against the sportsman, which of the following is the sportsman's best defense?",The earthquake was an act of God.,"The sportsman's negligence, if any, merely created a passive condition and was not the activecause of the homeowner's injury. ",The sportsman could not reasonably have beenexpected to foresee injury to a person in thehomeowner's position.,"The pedestrian's act of discarding the lightedcigarette in the street, which sparked the explosion, was the proximate cause of the homeowner's injury. ",C
"An attempt was made to hijack a commercial airliner while it was in flight from San Francisco to New Orleans. Within minutes, however, the hijacker was seized, and the plane proceeded to its destination. Upon the planeÕs arrival, television stations broadcast pictures of the passengers as they disembarked. Among the passengers pictured on television was a businessman who was supposed to be in Chicago on company business. The disclosure that the businessman was in New Orleans and not in Chicago at the time resulted in the loss of his position with his company and great humiliation and embarrassment for him. If the businessman asserts a claim against the television stations for broadcasting his picture as he disembarked, is he likely to prevail?","Yes, because the businessmanÕs location was revealed against his wishes.","Yes, because publication of the television pictures caused the businessman pecuniary loss.","No, because the humiliation and embarrassment did not result in physical harm to the businessman.","No, because the scene shown on television was newsworthy.",D
In which case would the defendant's intoxication defense most likely negate his criminal intent?,"A defendant is charged with raping a victim. At trial, the defendant testifies that he was so inebriated that he was unable to understand that the victim did not consent to his conduct. ","A victim was horseback riding when she was approached by a defendant, who rode up from behind and struck her horse with his riding crop, causing the horse to bolt and throw the victim. On trial for battery, the defendant testifled that he was drunk and only fooling around and did not intend to injure the victim. ","While intoxicated, a defendant wandered into a victim's barn, lit a match, and began looking for some whiskey that he thought was hidden there. Angered at not finding any liquor, the defendant threw the match into a bale of hay, which quickly ignited, thus causing the destruction of the victim's barn. The defendant is charged with arson. ","A defendant is charged with assault with intent to commit rape. While on trial, the defendant testified that he was intoxicated to such an extent that he did not remember striking the victim. ",D
"A man entered a tavern in an obviously intoxicated condition, was refused service, and was ordered to leave and escorted out. Just after leaving the tavern, the man staggered across the road toward a liquor store. As he was crossing the road, the man was struck by a car and severely injured. The man sued the tavern for his personal injuries. At trial, the evidence established the facts as set out above. At the close of the evidence, both parties moved for judgment as a matter of law. How should the court rule on these motions?","Deny both motions and submit the case to the jury, because reasonable jurors could conclude that the accident was foreseeable.","Deny both motions and submit the case to the jury, because a tavern is a place of public accommodation.","Grant the tavernÕs motion, because there is no evidence that the tavern breached a duty to the man.","Grant the manÕs motion, because it is undisputed that by being ejected from the tavern, the man was put at risk.",C
"A man has sued a police officer, alleging that the officer violated the man's civil rights by using excessive force while arresting him. At trial, the officer admits having hit the man in the head with the butt of his gun, but contends that the force was necessary, because the man was resisting arrest. In support of his contention, the officer seeks to introduce evidence that the man had resisted arrest on three prior occasions during the last 10 years. Is this testimony regarding the man's conduct during the three prior arrests admissible? ","No, because evidence of the prior incidents constitutes impermissible character evidence.","No, because the officer has not shown that the man was convicted in connection with the prior incidents.","Yes, because the incidents in question are relevant evidence of the man's propensity for violence.","Yes, because the incidents in question are sufficient to constitute a habit.",A
"A farmer contracted to sell 100 tons of his home-grown cucumbers to a wholesaler. An invasion of cucumber-eating insects attacked the crop and made it a poor season. The farmer delivered only 60 tons. The wholesaler claimed a breach of contract due to his being shorted 40 tons. The farmer sued the wholesaler for payment on the 60 tons, and the wholesaler counterclaimed for damages caused by the loss of the additional 40 tons. What is the most likely decision of the court?","The farmer could have used insecticide to kill the insects; he breached the contract, and gets nothing.",There is an industry-wide implied condition that natural causes could limit the amount of an agricultural product -- the wholesaler must pay for the 60 tons and gets no credit on the rest.,"The farmer breached the contract but he's entitled to be paid for the 60 tons, less the amount of damages suffered by the wholesaler in not getting the full value of the bargain.",The farmer is entitled to collect on the 60 tons and will be reimbursed for the 40 unproduced tons by the federal government.,B
Local police received an anonymous letter that contained statements that a married couple was engaged in drug trafficking and were storing large amounts of contraband in their basement. The letter did not say how the writer personally knew that there were drugs or where they were stored. The investigating detective drew up an affidavit of probable cause based on the statements in the letter and presented the request for a search warrant and the affidavit to a magistrate judge. The magistrate judge signed a search warrant based on the affidavit. The police raided the home and found several pounds of cocaine in the basement. The defendants filed a motion to suppress the evidence based on insufficient cause to issue a warrant. The state courts rejected the suppression motion. What would the U.S. Supreme Court most likely decide?,The Court would validate the search warrant because there were sufficient detailed allegations in the letter to justify a probable cause finding.,The Court would invalidate the warrant because there was insufficient information and no corroboration to support the credibility and personal knowledge of the informant.,"The warrant was valid because when the informant's information turns out to be true after the warrant is issued and executed, then that validates the affidavit of probable cause.",The warrant was invalid because affidavits of probable cause must give the name and address of the informant; an affidavit cannot be based on an anonymous informant.,B
"A husband, who was married to a wife, began dating another woman. The husband proposed marriage to the woman, who believed that the husband was single. The woman accepted the husband's marriage proposal and planned a wedding. The day before the wedding, the husband decided not to go through with the ceremony. He told his wife about his relationship with the woman. He then asked her to tell the woman that they were married and he would no longer be seeing her. The husband knew that the woman had a manic depressive personality and was mentally unstable. When the wife broke the news to the woman, she had an emotional breakdown that required hospitalization. The woman sued the husband for breach of contract to marry and intentional infliction of emotional distress. The husband has filed motions to dismiss both causes of action. The court should","deny the motion to dismiss the claim for intentional infliction of emotional distress, but grant the motion to dismiss the claim for breach of contract because it is against public policy to enforce marriage agreements. ","deny the motion to dismiss the claim for breach of contract to marry, but grant the motion to dismiss the action for infliction of emotional distress, because the husband's conduct was not extreme and outrageous. ",grant both motions to dismiss.,"deny both motions, because the husband's conduct was extreme and outrageous and the court may grant relief for breach of contract, as well. ",A
"A man was angry at a coworker who had received a promotion. The man believed that the coworker had taken credit for the man's work and had bad- mouthed him to their boss. One day, as the man was leaving the company parking lot in his car, he saw the coworker walking through the lot. On a sudden impulse, the man pushed the accelerator pedal hard and veered toward the coworker with the intention of scaring him. The coworker tried to jump out of the way but slipped and fell and was run over. Although the coworker suffered life-threatening injuries, he survived. In a jurisdiction that follows the common law of homicide, could the man properly be convicted of attempted murder? ","No, because the coworker's slip and fall broke the chain of proximate causation.","No, because the man lacked the requisite intent.","Yes, because the coworker suffered life- threatening injuries.","Yes, because the man acted with reckless disregard for human life.",B
"A food manufacturer entered into a contract to buy all of the seller's bread crumb output. Several months after the contract was signed, the seller dismantled its machinery and stopped making bread crumbs. The buyer sued the seller. The seller testified and proved by expert evidence that it was no longer economically beneficial to produce bread crumbs. Will the court enforce the breach of contract action and award damages to the buyer?","Yes, an output contract must meet its output promises or the breaching party must pay reasonable damages.","Yes, the court will grant damages at least for the first year of operation so that the buyer recoups its initial losses.","No, the fact that the seller proved that it was economically unproductive means that the seller acted in good faith, and there was no further duty under the agreement.","No, the general promise of providing all of a company's output is considered an illusory promise that will not be enforced.",C
"A hardware store had a public pay telephone attached to the outside wall of its building. The telephone was owned and operated by the local telephone company. On Thursday, November 25, the store was closed for Thanksgiving. A resident, who lived two doors away, walked to the hardware store to use the telephone. He wanted to call his son and daughter- in-law to wish them a happy Thanksgiving, but his home phone was out of order. The resident picked up the receiver, inserted coins for the cost of the call, and promptly received an electric shock. Although the resident was momentarily stunned, he did not suffer any pain or injuries. Unbeknownst to the resident, a technician employed by the telephone company had incorrectly rewired the telephone the previous day, causing a short circuit in the telephone mechanism. If the resident institutes a personal injury action for negligence against the telephone company, he will most likely","recover, because the technician's error would constitute the proximate cause of the resident's injuries. ","recover, because the technician's error was a substantial factor in causing the resident's injuries. ","recover, under the doctrine of respondeat superior","not recover, because the resident did not suffer any injuries. ",D
"A boyfriend was unhappy in his relationship with his girlfriend. When the girlfriend got drunk, she would become abusive and beat her boyfriend. During the course of their relationship, the beatings became more violent and more frequent. Unable to endure the physical abuse any longer, the boyfriend hired a hit man to kill his girlfriend. One night while the girlfriend was asleep, the hit man entered the home with a key given to him by the boyfriend and shot the girlfriend to death. Afterward, the boyfriend was prosecuted for murder as an accomplice. The defense sought to have the judge instruct the jury that the boyfriend acted in self-defense. Based on the given facts, should the judge give such an instruction to the jury?","No, because the boyfriend's belief in the necessity of deadly force in self-defense was unreasonable. ","No, because the boyfriend could have avoided the danger by safely retreating. ","Yes, because a reasonable jury could conclude that the boyfriend acted in self-defense by using necessary force to protect himself from the girlfriend's constant violent attacks. ","Yes, because a criminal defendant's Sixth Amendment right to a jury trial prohibits a court from refusing to submit affirmative defenses to the jury. ",A
"One night, a defendant went to play bingo. After losing at bingo, the defendant went on a violent rampage. He stole a car and then picked up a woman at a local bar. After she rejected his advances, the defendant stabbed her to death. The defendant was subsequently arrested and charged with felony- murder under an appropriate federal criminal statute. The defendant admitted committing the crime but pleaded not guilty by reason of insanity. At trial in federal court, the prosecuting attorney calls the defendant's psychiatrist to testify as to the defendant's mental state at the time of the killing. The defendant's attomey objects, claiming that the testimony would violate the psychiatrist-patient privilege. The objection should be","sustained, provided the state law recognizes the psychiatrist-patient privilege. ","sustained, provided the court concludes that the privilege should be recognized as part of modern common law. ","overruled, because no such privilege is specifically provided in the Federal Rules of Evidence. ","overruled, because the right to a fair trial overrides the use of a privilege to prevent full exploration of the facts in federal court. ",B
"Ethyl Entertainer contracted with Grenda Gardener to provide daily flower arrangements for Ethyl's monthly tea and bridge parties. Both parties signed an agreement for 24 months at $20 per month, which stated ""Any change to this contract must be written."" The contract proceeded; Grenda appeared each month with a suitable bouquet, and Ethyl paid her $20 cash. After 15 months, the market price of flowers skyrocketed. Grenda telephoned Ethyl and said she had to raise the price to $25 per month. Ethyl agreed to the increase, but insisted on paying for all the flowers at the end of the nine months left on the agreement. After the final nine months, Ethyl refused to pay Grenda more than $180. If Grenda sues Ethyl, the court will most likely to find",The statute of frauds does not apply to the original contract because it was under $500.,The contract modification from $20 to $25 per month was not enforceable because it was not supported by new consideration.,The modification from $20 to $25 per month was not enforceable because it was not written.,"The oral modification is conclusive evidence that the parties waived the ""written modifications only"" provision.",C
"An auto body shop operated for many years in a residential zoning district as a nonconforming use. The owner temporarily closed the business due to illness; while it was closed, he tried to sell it. Within a few months, he sold it to another auto body company. The zoning ordinance provided that when a nonconforming use was abandoned, it could not later be resurrected. The city claimed that the use was abandoned and could not be reopened. The zoning hearing board agreed. On appeal to the county court, what was the court's most likely decision?",The nonconforming use was still effective because this was a temporary cessation that did not constitute abandonment.,The nonconforming use was abandoned because even a short cessation prevents it from being resurrected.,A sale of the premises constitutes an abandonment of the nonconforming use.,The nonconforming use was still effective because the abandonment rule in the ordinance was an unconstitutional prohibition on the right to use one's property.,A
"A man, a teenager, and a woman are siblings who inherited their father's farm when he died testate, leaving his farm to his children as joint tenants. Soon after the father's death, the teenager died and the woman moved to another part of the country. The man has not heard from the woman in many years. Prior to their father's death, the man and the teenager operated their father's farm. They continued doing so after their father died, sharing all expenses equally and dividing the profits between them. Following the teenager's death, the man has continued to operate the farm for his sole benefit. Recently, the man has granted a coal company rights to strip-mine coal from underneath the farm. Their agreement stipulated that the coal company would pay the man a per-ton royalty for the coal extracted. In addition, the coal company agreed to fill in the excavated area and replace top soil on the surface of the land. During the coal company's strip-mining operation, the woman returns to the farm and demands a proportionate share of the royalties paid to her brother (the man). Which of the following is the LEAST accurate statement regarding the woman's right to share in the royalties?","As a joint tenant, the woman would be entitled to contribution for a proportionate share of the royalties. ",It would be inequitable for one concurrent owner to receive an unapportionate share of the royalties.,"The woman's redomiciling constituted a severance of the joint tenancy, which resulted in a destruction of her interest in the mining royalties. ","Because the woman's redomiciling did not effectuate an ouster, she retained her right to contribution as a joint tenant. ",C
"An owner of a pharmaceutical company manufactures aspirin tablets that it sells in interstate commerce. A woman purchased a bottle of the owner's aspirin from a drugstore. Shortly after taking two of the aspirin tablets, the woman became extremely ill and began having convulsions. She was rushed to the hospital, where it was determined that the aspirin tablets contained strychnine, a poisonous chemical. The owner of the pharmaceutical company is subsequently charged with violating a federal statute that makes it a misdemeanor to transport impure drugs in interstate commerce. The owner should be found","guilty, only if he had the authority and responsibility for packaging the aspirin tablets. ","guilty, only if he knew or should have known that the aspirin tablets were poisonous. ","guilty, only if he personally supervised the packaging of the aspirin tablets. ","guilty, only if he knew that other customers had purchased poisonous aspirin tablets in the past. ",A
"The defendant is on trial for rape of the victim. On the night of the offense, the defendant drove the victim home and asked to come inside for a nightcap. The victim refused, saying she had to be up early in the morning. The defendant then forced the victim upstairs at gunpoint and raped her. During the trial, the defendant took the witness stand and testified that the victim gave him a ride in her car that evening and forced him to go to her house. The defendant's testimony may be used in a subsequent trial as evidence that the defendant committed the crime of",misprision of felony.,misprision.,peijury.,compounding a felony.,C
"One afternoon, a man was driving his car in the downtown section of a city. Already late for a  onsiness appointment, he was becoming very upset because of the heavy traffic. Suddenly, he decided to drive his car along the sidewalk to avoid the traffic jam. While he was speeding down the sidewalk, people were hastily scurrying to avoid his car. His car struck a pedestrian, who had tripped trying to get out of his way, killing her. Which of the following is the best theory regarding the man's criminal liability?","Felony murder, because he was committing an assault with a deadly weapon. ","Transferred intent, because one is presumed to intend the natural and probable consequences of his acts. ","Intentional killing, because the man's conduct was a substantial factor in causing the pedesthan's death. ","Commission of an act highly dangerous to life, without an intent to kill but with disregard for the consequences. ",D
"On June 1, a businessman opened a health and massage spa, which was located on First Street in the city. The spa also provided health club facilities, such as saunas, steam rooms, and whirlpool baths. A 75-year-old spinster resided across the street from the spa. The spinster opposed the opening of the spa because she believed that it was a ""cover"" for an illegal operation. During the day, the spinster sat in her rocking chair on her front porch and observed a constant stream of businessmen entering the spa. On the evening of June 29, the spinster, disguising her voice, called the spa and told the businessman, ""You pimp, why don't you take your dirty trade elsewhere?"" Without paying any attention to the call, the businessman hung up. The spinster then began making repeated crank telephone calls to the businessman's establishment. Every hour on the hour for the next three weeks, the spinster made her crank calls, harassing the businessman and his employees. As a result of the hourly phone calls, spa business was constantly disrupted, causing the businessman to suffer a decline in the volume of customers. After contacting the police, the businessman discovered that the spinster was the person making the harassing calls. If the businessman asserts a claim against the spinster, the theory on which he will most likely prevail is",public nuisance.,private nuisance.,intentional infliction of emotional distress.,negligence.,B
"A retailer brought a federal diversity action against an architect, alleging fraudulent misrepresentations in the architect's design of the retailer's store. The complaint did not include a jury demand. The architect timely moved to dismiss the action for failure to state a claim; he did not file an answer. Twenty days after being served with the motion, the retailer amended the complaint to add a defamation claim based on the architect's recent statements about the retailer in a local newspaper. In the amended complaint, the retailer demanded a jury trial on both claims. Has the retailer properly demanded a jury trial? ","No, because the retailer filed the demand more than 14 days after service of the motion to dismiss.","No, because the retailer filed the demand more than 14 days after service of the original complaint.","Yes, but on the defamation claim only, because the original complaint did not contain a jury demand.","Yes, on both claims, because the architect had not answered the original complaint when the retailer filed the amended complaint with the jury demand.",D
"A citizen of a state was arrested and charged under a state statute making it a felony for ""a male to sell or give alcoholic beverages to a female under the age of 14. "" At his trial, the citizen attacked the validity of the state statute on federal constitutional grounds. The court will likely hold the statute to be","constitutional, because under the Twenty First Amendment, a state has exclusive authority to regulate the use and sale of intoxicating liquors. ","constitutional, because the state could reasonably believe that young females need more protection than young males under these circumstances. ","unconstitutional, because it lacks a legitimate purpose and, therefore, is violative of the Fourteenth Amendment. ","unconstitutional, because the law treats males and females differently without adequate justification and, therefore, is violative of the Fourteenth Amendment. ",D
"A homeowner owns a home in fee simple and leased it to his cousin for a term of 10 years. By the terms of the lease, the cousin expressly covenanted to pay a monthly rental of $300 and to pay the taxes on the premises during the term of the lease. The lease also stipulated that the cousin, as lessee, may not assign or sublease the said premises. The cousin and his family lived in the house for two years. Then the cousin, still owing the homeowner three months back rent, assigned his leasehold interest in the property to a friend, who was unaware of the prohibition against assignments. This written assignment expressly provided that the friend would pay the homeowner the monthly rental of $300, but was silent concerning the payment of taxes. After the cousin's assignment to the friend, the homeowner sues the cousin to recover the rent in arrears. The homeowner will most likely","succeed, because the homeowner and the cousin stood in privity of contract. ","succeed, even though the homeowner had notice of the assignment. ","not succeed, because the cousin had assigned his interest in the premises before the homeowner brought suit. ","not succeed, because he did not object to the assignment. ",A
"At trial in a civil case arising out of a car accident, the plaintiff has called the investigating police officer to testify regarding a statement that the officer overheard the defendant make at the scene admitting that he had failed to see the stop sign. However, while on the stand, the officer is unable to recall the exact words that the defendant used. The plaintiff proposes to refresh the officer's recollection with a police report written by a fellow officer who was also at the scene and wrote down the defendant's statement. The defendant has objected to the use of this report to refresh the testifying officer's memory. Should the court permit this use of the report? ","No, because the report is hearsay not within any exception.","No, because the report was not written or adopted by this witness.","Yes, because the report fits the public record exception to the hearsay rule. exception to the hearsay rule.","Yes, because the report may be used to refresh recollection without regard to its admissibility.",D
"A breeder of dogs induced a purchaser to buy a puppy by representing that it was a registered basset hound, when in fact the breeder knew it was a mixed breed. The purchaser later discovered that the representation was false. She wants to sue to disaffirm the contract and get a refund. What legal theory would be best applicable to decide this case?",Unconscionability.,Breach of warranty.,Fraudulent inducement.,Fraud in the factum.,C
"A high school student was suspended for five days by school officials after he came to school wearing a beard. The school had a rule prohibiting any student from growing a beard or mustache while attending classes. The rule required an automatic five-day suspension in such cases. The student, who was aware of the rule prohibiting beards and mustaches, requested a trial-type hearing before the suspension was imposed. If the school board denies the student's request for a trial-type hearing, which of the following statements is most accurate?",The suspension violated the student's due process rights because it deprived him of his entitlement to an education.,The denial of a trial-type hearing violated the student's due process rights because the suspension was arbitrarily imposed.,"The denial of a trial-type hearing did not violate the student's due process rights because under the circumstances, he had no right to a hearing. ",There was no violation of the student's due process rights because his conduct could be deemed so injurious to school discipline that it warranted suspension prior to a hearing.,C
"A man was under suspicion for participating in the commission of a bank robbery. A grand jury was convened to consider whether there was sufficient evidence against the man to indict him for the crime. During the grand jury hearing, the state called a police detective to testify. The detective testified that following the bank robbery, he interviewed a bystander who stated that his friend witnessed the robbery and told the bystander that the man was the person who committed the crime. Neither the man nor his attorney was allowed to be present during the grand jury proceeding. As a result, the man did not have the opportunity to cross- examine the detective or to object to the admissibility of his testimony. A grand jury indictment against the man was issued, and the prosecution has formally charged the man with bank robbery. While the man awaits trial, his attorney has filed an appropriate motion to dismiss, challenging the admissibility of evidence during the grand jury proceeding. The motion should be","denied, because the issue before the grand jury is probable cause, not guilt. ","denied, because although the detective's testimony is hearsay, rules of evidence other than privilege are not applicable to grand jury proceedings. ","granted, because the grand jury hearing violated the man's Sixth Amendment privilege of confrontation, since there was no opportunity to cross-examine the detective. ","granted, because the grand jury indictment was based upon inadmissible evidence that resulted in an unwarranted prosecution. ",A
"In 2001, the owner of a mansion and its surrounding property died. In his will, he devised the property to ""my son and his heirs, but if my son dies without issue, to my daughter and her heirs. ""Assume that when the owner died, the daughter was still alive. The daughter did not have any children at the time that the owner died. However, 10 years after her father's death, the daughter had a child. After the owner's death the daughter's interest in the property may best be described as a",contingent remainder.,springing executory interest.,shifting executory interest.,"vested remainder, subject to complete divestiture. ",C
"A state resident could purchase a license solely for hunting elk for $9. 00. A nonresident, in order to hunt elk, was required to purchase a combination license at a cost of $225. 00; this entitled him to take one elk, one deer, and one black bear. A nonresident, however, could obtain a license restricted to deer for $51. 00. A resident was not required to buy any combination of licenses but if he did, the cost to him of all the privileges granted by the nonresident combination license was $30. 00. Due to its successful management program for elk, the state has not been compelled to limit the overall number of hunters by means of drawings or lotteries, as have other states. Elk are not hunted commercially in the state. Nonresident hunters seek the animal for its trophy value; the trophy is the distinctive set of antlers.  . Vhereas the interest of resident hunters more often may be in the meat, among nonresident hunters, big-game hunting is clearly a sport in the state. Two residents of another state bring suit against the state. They assert in their complaint that the disparities between residents and nonresidents in the state hunting license system is unconstitutional. The state's hunting license system should be found","constitutional, because it is within the police power of a state to regulate a recreational, noncommercial activity. ","constitutional, because there is a compelling state interest. ","unconstitutional, because it violates the privileges and immunities clause of Article IV, Section 2. ","unconstitutional, because it violates the equal protection clause of the Fourteenth Amendment. ",A
"In light of the current oil glut, many oil producing states have experienced extreme economic hardship. Due to the precipitous drop in oil prices, many oil companies have been forced to cut back on oil production and lay off many workers. As a result, unemployment has reached all-time high levels in several states. In order to alleviate this potentially catastrophic situation, the one of those state's legislatures recently enacted a statute requiring that 10% of all oil produced within the state be purchased by the state and reserved for use by state residents. The purpose of the statute was twofold: (1) it was intended to stimulate the oil industry within the state by encouraging more production and exploration, and (2) it was designed to create an oil reserve so that state residents and industries would not suffer unduly from future oil shortages. Subsequently, Congress enacted a statute forbidding states to reserve local resources for local use in this manner. Is this state statute constitutional?","Yes, because Congress has not expressly forbidden states to reserve local resources for local use. ","Yes, because the state statute requires that the oil be used for the general welfare of the people in emergency situations. ","No, because a state may not protect its residents from out-of-state competition for its natural resources without the express permission of Congress. ","No, because application of the statute denies non-oil producing companies to equal protection of the law, in violation of the Fourteenth Amendment. ",C
"The Pentagon has recently released a civil defense plan in the event of nuclear war. According to the Pentagon's study, certain essential citizens would be evacuated once it was determined that a nuclear war was imminent. Essential citizens would include scientists, carpenters, and the young. The study also recommended that certain non-essential citizens such as the elderly, the infirm, and persons in penal institutions not be evacuated since their future contributions would be less important in the rebuilding of the country following a nuclear war. An employee of the Pentagon, was instructed to conduct a public opinion survey regarding the controversial plan. Pentagon officials directed the employee to interview citizens in a door-to- door canvass to determine public opinion for the civil defense plan. After the employee conducted his door-to-door interview canvassing, he was prosecuted for not obtaining prior consent of the citizens he interviewed. The employee's strongest argument is that the prosecution",violates his right to free speech.,violates the intergovernmental immunity of a federal employee.,deprives him of his employment interest without due process.,impairs the obligation of his employment contract.,B
"A defendant in an automobile accident case is being sued by the estate of the driver of the other car. At trial, the defendant calls an eyewitness to the collision. The eyewitness testifies that after the crash, he immediately ran to the other driver's car to try to render assistance. The eyewitness observed the other driver covered with blood from the top of his head down to his toes. He was moaning, gasping, and crying out, ""I did not see the other car coming!"" The other driver died 10 minutes later. The estate's attorney objects to the eyewitness's testimony. The trial judge should rule that his testimony is",admissible as a declaration against interest.,admissible as a dying declaration.,inadmissible as hearsay not within any recognized exception.,"inadmissible, because this testimony cannot be admitted in civil cases. ",B
"An elderly man died with a will that had the following clause: ""After payment of such debts and funeral expenses, I give and bequeath to my beloved wife the farm on which we now reside and all my personal property, so long as she remains my widow."" The wife retained the property and did not remarry. Some years prior to her death, she conveyed a deed in fee simple to her oldest son. After her death, her youngest son filed a claim against the estate contending that the father's will devised only a life estate to his wife. A state statute said that a fee simple would be presumed where the intent of the testator did not clearly show an intent to devise a lesser estate. The lower court held that the widow had received a defeasible fee conditioned on her remaining a widow. Because she did not marry, the deed to the son ripened into an indefeasible fee absolute at the time of conveyance. The younger son appealed. Will the appellate court likely reverse the lower court's decision and rule that the oldest son did not receive full title to the property?","Yes, because it was a life estate that ends on her remarriage or death, with a remainder over to all of the sons.","Yes, the deed could not convey more than a life estate because of the condition in the will.","No, because the will devises a fee simple that was defeasible if she had remarried; the title and the deed ripened into an indefeasible fee simple when she conveyed the property.","No, the deed superseded anything that was stated in the will because she was still alive when she conveyed title to her oldest son.",C
"A husband was sitting in his living room when his wife entered and asked what he'd like for dinner. The husband replied, ""I'm not hungry. I'm too angry at our next-door neighbor. "" The husband had had an argument with his neighbor earlier that day. The husband then said, ""I've got this burning desire to go next door and beat him up. "" As the husband was about to walk out the door, he turned to his wife and said, ""You want to come along and watch?"" The wife nodded, as if to say okay, and followed him next door. Moments later, the husband rang the doorbell, and the neighbor came to the door. After entering the home, the husband grabbed the nei'ghbor and began punching him in the face. Terribly frightened, the neighbor pleaded with the husband to stop. As the husband continued to hit him, the neighbor turned to the wife and said, ""Please tell him to get off me. "" The wife, who despised the neighbor, simply stood by and told her husband, ""Do it, honey. . . do it. "" The husband punched the neighbor repeatedly and afterward threatened to kill him. On a charge of battery, the wife should be found","not guilty, because the wife's hands never made contact with the neighbor. ","not guilty, because the wife's mere presence and oral encouragement will not make her guilty as an accomplice. ","guilty, because, with the intent to have the neighbor beaten, she shouted encouragement to her husband. ","guilty, because she aided and abetted her husband through her mere presence, plus her intent to see the neighbor beaten. ",C
"Four hours into a defendant's assault trial, the lawyers gathered in the judge's chambers to discuss an evidentiary issue. While there, the judge received a phone call from his wife telling him that her mother had suddenly died. Without asking the lawyers what they wanted to do, the judge brought the lawyers back into the courtroom, declared a mistrial, excused the jury, and rushed home to his wife. A new jury was impaneled the next day before a second judge. The defendant has objected to the second trial on double jeopardy grounds. Would the second trial violate the prohibition against double jeopardy? against double jeopardy? ","No, because the first judge acted in good faith in declaring a mistrial.","No, because the first trial did not produce a verdict.","Yes, because the second judge's evidentiary rulings might be inconsistent with those of the first judge.","Yes, because there was no manifest necessity for a mistrial.",D
"A defendant and his co-conspirator were arrested and charged with robbery and conspiracy to commit robbery. Following their arrest, they were both taken to the police station and given Miranda warnings. They both expressed a desire to remain silent until they could consult an attorney. At the station house, they were booked and placed in separate jail cells. Later that day, and before any attorney consultations could take place, a police detective went to the coconspirator's cell and began interrogating him. The detective told the co-conspirator that if he cooperated in their investigation, the prosecuting attorney would drop charges against him. The co-conspirator then reluctantly confessed and implicated the defendant in the commission of the crimes. The co-conspirator also told the police where the defendant had hidden the stolen property. Based on this information, the police retrieved the stolen property, which included a diamond necklace. Later the same day, the police went to the defendant's jail cell and showed him the diamond necklace that they had recovered. They also told the defendant that the co-conspirator had confessed and implicated him in the perpetration of the crime. Confronted by this evidence, the defendant confessed. The defendant was then prosecuted for conspiracy and robbery. At the defendant's trial, the prosecution sought to introduce into evidence the necklace and the defendant's confession. The defendant's motion to exclude these offers of proof will be",denied to both the necklace and the confession.,"denied to the necklace, but granted to the confession. ","granted to the necklace, but denied to the confession. ",granted to both the necklace and the confession.,B
"A defendant stole a car and, while he was driving, the brakes suddenly failed, and the car veered out of control. The car jumped the sidewalk and crashed into a home, causing extensive damage to the dwelling. The defendant was arrested and charged with larceny and the separate crime of malicious destruction of property. At trial, the prosecution and the defense both stipulated that the malfunctioning of the brakes caused the car to veer out of control and damage the home. Assume that the defendant is convicted of larceny for the theft of the car. With respect to the second charge of malicious destruction of property, he should be found","not guilty, because the malice requirement is not satisfied, since the destruction resulted from the car's malfunctioning. ","not guilty, because malicious destruction of property is a lesser included offense of larceny. ","guilty, because malice can be inferred from the defendant's intent to steal. ","guilty, because malicious destruction of property is a general intent crime. ",A
"A man and a defendant were college roommates. With the defendant's permission, his roommate borrowed the defendant's baseball bat to use in an intramural baseball game. During the course of the game, the roommate struck out with the bases loaded. Angry at himself, the roommate took his bat and flung it into the stands. The bat struck a fan in the face and fractured his nose. The fan sued the defendant for his injury, alleging that the defendant was negligent in lending his baseball bat to his roommate when he knew that his roommate was irresponsible with bats. At trial, the fan offers evidence that on four separate occasions during the past year the roommate had negligently thrown bats during other baseball games. The fan's proffered evidence is",admissible to show that the roommate was negligent on the occasion when the fan was injured.,admissible to show that the roommate was irresponsible in the use of bats.,"inadmissible, because it is evidence of character. ","inadmissible, because character must be proved by evidence in the form of reputation or opinion. ",B
"For nearly three months, a supermarket underwent extensive renovations. The store was temporarily closed during the renovation period. The day the supermarket reopened, the store manager noticed that small fragments of plaster had fallen from a section of the ceiling. He promptly posted signs warning shoppers of the hazardous condition. The signs, which were printed in bold letters, read: ""ATTENTION SHOPPERS - BE ON THE LOOKOUT FOR FALLiNG PLASTER. ""That same afternoon, a shopper was shopping in the supermarket and noticed the signs. She looked at the ceiling but didn't see any plaster falling. Moments later, she was placing some squash in a bag when a section of the ceiling suddenly fell on her head. She suffered a concussion and head lacerations. Thereafter, the shopper brought a tort action against the supermarket to recover for the injuries she suffered. Her attorney hired a physician to examine the shopper in order to assist the attorney in preparing the case. At trial, the supermarket's attorney calls the physician that the shopper's attorney hired as a witness and seeks to ask the physician about statements concerning the injuries that the shopper had made to the physician in confidence and that the physician had in turn communicated to her attorney. The physician's testimony should be","admitted, because the shopper waived the physician-patient privilege by placing her physical condition in issue. ","admitted, because the shopper's statements are deemed admissions of a party-opponent. ","excluded, because the shopper's statements are protected by the physician-patient privilege. ","excluded, because the shopper's statements are protected by the attorney-client privilege. ",D
"A defendant was charged with the crime of rape. The judge denied him bail pursuant to a state law which states that for the crimes of rape, sexual assault on a child, and sexual assault, no person who stands accused thereof shall be entitled to bail prior to a trial in the courts of this state. The defendant was brought to trial and found guilty. After being sentenced to five to ten years in prison, the defendant appealed his conviction to the highest court in the state. The ground for his appeal was an argument that he was denied his right to counsel at the time of his arrest. While his appeal was pending, the defendant filed a civil rights action in federal court against the judge. The defendant claimed that the judge violated his rights under the excessive bail clause of the Eighth Amendment. The federal court should refuse to hear the case, because",the federal court would violate the principle of the separation of powers.,the issues are not ripe.,the case is moot.,"the issue of bail is capable of repetition, yet evading review. ",C
A builder had a contract to build a swimming pool for a residential customer. That customer's next door neighbor went to the builder and paid him extra to break the contract with the customer and instead to build a swimming pool on the neighbor's premises. The builder commenced building a swimming pool for the neighbor and breached his contract with the original customer. The original customer sued his neighbor in a tort claim for damages. Does the original customer have a valid claim against his neighbor?,"Yes, the neighbor committed the tort of interference with contract relations by intentionally interfering with an existing contract.","No, people cannot be held in slavery; they have the right to contract with whomever they please.","No, the only remedy for the original customer is to sue the builder for breach of contract.","Yes, the neighbor committed the tort of interference with prospective advantage.",A
Gary Gamer purchased a computer from Electronic Warehouse Inc. Which of the below facts would be most favorable to Gary if he sought to rescind the purchase?,Gary and the store clerk orally agreed to the sale of the computer for a price of $750.,Gary purchased the computer one month before his 18th birthday and 14 months later wants to disaffirm the contract.,The computer Gary picked out was defective; Electronic Warehouse offered to repair the computer but Gary refused to specify the particular defect and demands rescission.,Gary paid for the computer and was given a box that when he unpacked it at home contained a printer unit made by the same manufacturer.,D
The rational basis test is the primary standard for determining whether a statute violates the equal protection guarantees of the Fifth Amendment and the Fourteenth Amendment. Under what circumstances will the courts strike down a statutory classification for equal protection violations when using the rational basis test?,If there is no conceivable set of facts that could provide a rational basis for the classification.,"When there are only plausible reasons rather than compelling reasons for the classification, it can be struck down.",A classification that tries to protect and encourage a legitimate interest of the state government will be struck down if it has a side effect of causing some inequality of treatment.,"When the classification results in some inequality among classes of persons, it cannot be rationally tolerated.",A
"A buyer and a seller entered into a written contract for the sale of land. The contract satisfied the requirements of the statute of frauds. Because the buyer needed time to obtain financing, the buyer and the seller did not agree upon a closing date, and the written contract did not contain a stated closing date. Ten days after signing the contract, the buyer and the seller orally agreed to rescind the contract. The next day, the seller sold the land to a third party. Two days after that sale, the original buyer told the seller that she had changed her mind and wanted to complete their contract. When the seller told her that he had sold the land to a third party, she sued him for breach of the written contract. For whom will the court find? ","For the buyer, because she informed the seller within a reasonable time that she desired to close the transaction.","For the buyer, because the agreement to rescind the contract was not in a writing signed by the buyer and the seller.","For the seller, because the contract failed to contain a stated closing date.","For the seller, because the oral rescission was valid.",B
"After winning a big antitrust case, an attorney and a few associates decided to celebrate and have a few drinks at a popular downtown watering hole. After having two gimlets (a cocktail containing vodka and lime juice), the attorney left his friends and drove home. The attorney, who was a bit tipsy, began driving in an erratic and reckless manner. He was traveling at an excessive speed through a residential section of town when he approached a sharp curve in the roadway. Trying to negotiate the turn, the attorney lost control of his vehicle and veered off the road, landing on the front lawn of a woman's property. If the woman asserts a claim against the attorney for intentional trespass, she will most likely","prevail, because the attorney was operating his car recklessly. ","prevail, because the attorney entered onto her property. ","not prevail, because the attorney did not damage her land. ","not prevail, because the attorney did not intentionally enter onto her property. ",D
"A boyfriend and his girlfriend broke into a house late at night with intent to steal a stereo system. Although they believed that the owner was away on a business trip, in fact he was sleeping in an upstairs bedroom. While they were inside the house, the girlfriend announced that she had changed her mind and urged her boyfriend to leave. The owner, who was awakened by the noise downstairs, descended the staircase to investigate. Upon seeing the owner, the girlfriend again urged her boyfriend to flee. Instead, the boyfriend attacked the owner and tied him up with a rope. Thereupon, the boyfriend and his girlfriend left with the owner's stereo equipment. After they left, the owner choked to death on the ropes while trying to free himself. The boyfriend and his girlfriend were charged with murder but were acquitted. Thereafter, the girlfriend was apprehended and prosecuted for felony murder. Which of the following is the girlfriend's best argument for acquittal?",The acquittal of the girlfriend and her boyfriend for murder precludes any subsequent prosecution under the doctrine of res judicata.,The owner's suicidal effort to free himself was a supervening cause of death.,"Since the girlfriend changed her mind, she cannot be found guilty of burglary. ",The girlfriend withdrew from the commission of the underlying felony of burglary.,D
"A 13-year-old girl was operating a high-speed motorboat. The boat was towing a 9-year-old boy in an inner tube tied to the rear of the motorboat by a rope. The rope became tangled around the boy's foot, causing him to suffer severe injuries. In a suit brought on the boy's behalf against the girl, the boy has introduced uncontroverted evidence that the girl drove carelessly in such a way as to entangle the boy in the rope. Is the boy likely to prevail? ","No, because the boy assumed the risk.","No, because the girl was too young to be expected to appreciate and avoid the risk she expected to appreciate and avoid the risk she exposed the boy to.","Yes, because children of the girl's age should have the capacity to operate motorboats.","Yes, because the girl will be held to an adult standard of care.  ",D
"An elderly man employed an attorney to make up his will. The man had no immediate relatives in his locality and no friends he could trust to enforce the will. The attorney induced the man to appoint the attorney to administer the will for a separate fee. He also promised the man that everything would be enforced exactly as he wished but only if he provided a special gift of $25,000 in the will to the attorney, which would be in addition to legal fees and administration fees. When the man dies, his surviving heirs challenged the foregoing provisions added by the lawyer. What legal theory most closely represents their challenge?",Fraudulent alienation.,Undue influence.,Duress.,Mistake.,B
"An individual investor purchased stock through a company's stock offering. When the price of the stock plummeted, the investor sued the company in a state court in State A, claiming that the company's offering materials had fraudulently induced him to purchase the stock and seeking $25,000 in damages. A university that had purchased the company's stock through the same offering sued the company in federal court in State B, claiming that the offering materials violated federal securities laws and seeking $1 million in damages. The individual investor's suit proceeded to trial. The state court ruled that the company's offering materials contained false information and awarded the investor a $25,000 judgment. The university immediately moved for partial summary judgment in its federal action against the company, arguing that the state court judgment bound the federal court on the issue of whether the company's offering materials contained false information. Neither State A nor State B permits nonmutual issue preclusion. Should the court grant the university's motion? ","No, because State A does not permit nonmutual issue preclusion.","No, because the federal court sits in a state that does not permit nonmutual issue preclusion.","Yes, because federal law permits nonmutual issue preclusion.","Yes, because the issue of whether the materials contained false information was actually litigated and necessarily decided.",A
Under which of the following situations would imposition of the death penalty most likely be justified in light of constitutional considerations?,"A defendant, a convict in prison, stabbed a prison guard to death and by statute is mandated to receive the death penalty. ",A defendant kidnapped and sexually assaulted a 12-year-old girl for a week before the defendant was arrested.,"A defendant raped his victim and then savagely beat her with a baseball bat, causing her to suffer permanent brain damage. ",A defendant shot and killed a police officer during an attempted bank robbery.,D
"A group of students from a public state college decide to picket the college for raising tuition. After three days of picketing, the college asks a court to grant a temporary injunction against the picketers. The college claims that the picketers have violated Section 201 of the city's picketing ordinance. Assume that the court granted the temporary injunction against the students for picketing the college. ""Section 201. No picketing shall be permitted inside of, or on any sidewalk or street immediately adjacent or contiguous to public colleges without express permission of the mayor. Applications for such permission shall be filed at least three days before such picketing is intended to begin and shall state the purpose, place, and time of the proposed picketing. ""In a subsequent action challenging the constitutionality of Section 201 of the city's picketing ordinance, the court will most likely rule that the section is","constitutional, because the ordinance is a valid exercise of the state's police power. ","constitutional, because the ordinance is within the reserved rights of the states under the Tenth Amendment. ","unconstitutional, because the ordinance is void for vagueness and overbreadth. ","unconstitutional, because the ordinance violates petitioner's rights under the First Amendment. ",D
"While driving her company vehicle near a pedestrian mall, a woman came upon the scene of a three-car accident. She was so busy gawking at the damaged vehicles that she failed to see one of the victims lying on the road in front of her car. She hit and ran over the victim, who survived and sued the woman's company. The victim offers the testimony of a witness to the incident. Referring to the woman, the witness stated, ""The driver of that car ran over the victim as he was lying on the ground awaiting an ambulance, and said  It is all my fault, I should have been paying more attention to my driving. "" Assume for this question that the woman is available to testify. The trial judge should rule that the testimony is",admissible as a declaration against interest.,admissible as a present sense impression.,admissible as an admission.,inadmissible as hearsay not within any recognized exception.,C
"While shopping at a grocery store, a customer tripped over a broken tile, fell, and suffered a concussion. A few months after the accident, the customer's attorney deposed a store employee. In the deposition, the employee testified, ""I'd been telling the store manager for years to get that broken tile fixed, but he wouldn't do it. "" The employee died in an automobile accident after being deposed. At trial, the deposition should be","admitted, as a dying declaration. ","admitted, as former testimony. ","not admitted, because it is hearsay not within any exception. ","not admitted, because the employee is not available for cross-examination. ",B
"Aman had just won $14,000,000 in the lottery. To celebrate his good fortune, the man took a group of friends to a bar for some drinks. At the bar, the man ordered a round of drinks for everyone. As the man knew, these specific drinks that he ordered were highly intoxicating. A few minutes after finishing his drink, the man stood up to go to the bathroom. As he did so, he became very woozy, lost his balance and fell onto a table. The table flipped over and knocked the customer sitting there backward off his chair. The customer's head struck the floor with such force that he suffered a concussion. Thereafter, the man was charged with the crime of reckless endangerment, which is defined in this jurisdiction as ""reckless conduct causing physical injury to another. "" At his trial, the man called the bartender who served the drinks on the day in question to testif'. The bartender testified that the drinks she served the man and his friends were 95% alcohol. At the close of the bartender's testimony, the state objected and moved to strike her testimony. The trial judge sustained the motion. Was the trial judge correct in excluding the bartender's testimony?","Yes, because reckless endangerment is a general intent crime. ","Yes, because the man's intoxication was voluntary. ","No, because the testimony was evidence that the man did not possess the requisite mens rea. ","No, because the testimony was evidence that the man's conduct was not voluntary. ",B
"A famous comedian had a weekly political satire program on cable television. A nationally known evangelist with his own tv show sued the comedian and the cable station for defamation. The comedian had broadcast a skit that inaccurately but satirically portrayed the evangelist as a drunken, ignorant bumbler and a hypocrite. The evangelist sued the comedian for defamation. Based on modern Supreme Court precedent, will the evangelist likely prevail in obtaining damages against the comedian?","No, truth is always a defense to defamation.","No, such expression is protected by the First Amendment where a public figure is the subject of ridicule.","Yes, the type of ridicule involved is too personal and potentially damaging to be protected.","No, the protections of free speech and expression are only extended to public officials and not to public figures.",B
"A state has a statute defining burglary as ""the breaking and entering without privilege of any building or occupied structure with the intent to commit a felony therein. "" Late one night, the defendant broke into a warehouse located in the largest Ã³ity in the state. He carried with him an incendiary device with which he intended to commit arson. After breaking a window and putting his leg through the glass, the defendant was immediately arrested by a security guard. The defendant should be found guilty for which of the following crimes under modem law?",Burglary.,Burglary and attempted arson.,"Burglary, attempted arson, and robbery. ",Criminal damage to property.,B
"The night before his bar examination, the examinee's next-door neighbor was having a party. The music from the neighbor's home was so loud that the examinee couldn't fall asleep. The examinee called the neighbor and asked her to please keep the noise down. The neighbor then abruptly hung up. Angered, the examinee went into his closet and got a gun. He went outside and fired a bullet through the neighbor's living room window. Not intending to shoot anyone, the examinee fired his gun at such an angle that the bullet would hit the ceiling. He merely wanted to cause some damage to the neighbor's home to relieve his angry rage. The bullet, however, ricocheted off the ceiling and struck a partygoer in the back, killing hr. The jurisdiction makes it a misdemeanor to discharge a firearm in public. The examinee will most likely be found guilty for which of the following crimes in connection to the death of the partygoer?",Murder.,Involuntary manslaughter.,Voluntary manslaughter.,Discharge of a firearm in public.,A
"A man sued a railroad for personal injuries suffered when his car was struck by a train at an unguarded crossing. A major issue is whether the train sounded its whistle before arriving at the crossing. The railroad has offered the testimony of a resident who has lived near the crossing for 15 years. Although she was not present on the occasion in question, she will testify that, whenever she is home, the train always sounds its whistle before arriving at the crossing. Is the residentÕs testimony admissible?","No, due to the residentÕs lack of personal knowledge regarding the incident in question.","No, because habit evidence is limited to the conduct of persons, not businesses.","Yes, as evidence of a routine practice.","Yes, as a summary of her present sense impressions.",C
"A man is suing a store for damages for injuries allegedly suffered when a can of soup fell on his toe while he was shopping. At trial, the store calls a member of the local community to testif' that the man's reputation for honesty is poor, and that he is known far and wide as the biggest storyteller intown. This testimony is","admissible, but only to show the likely exaggeration of the man's alleged injuries. ","admissible, but only to discredit the man's testimony that the accident happened in the manner in which he claims it did. ",inadmissible character evidence.,"inadmissible, because the man's testimony has not yet been rebutted by the store, and his credibility is, therefore, not yet susceptible to attack. ",B
"A developer acquired a large parcel that he intended to convert into a residential subdivision. The developer met with the man who owned the adjoining property and informed him of the proposed development plans. During their discussion, the man expressed concern about the increased traffic and noise from the subdivision. Thus, the parties orally agreed that the developer would contract with someone to erect a brick wall between their respective properties, and that the man would reimburse the developer for half the expenses the developer incurred in having the wall erected. Thereafter, the developer hired a mason to erect the wall for $10,000. The developer explained to the mason that the wall was being built between his property and the man's. He further advised the mason that although he (the developer) would be paying the mason the $10,000, the man had agreed to reimburse the developer for half the price. The mason built the wall as agreed. However, the developer refused to pay the mason anything, and the mason, in turn, did not sue the developer for the agreed price. The mason has now brought an action against the man to recover $5,000. Which of the following is the man's best defense?","By suing the man for half the contract price, the mason is wrongfully splitting his cause of action. ",The mason is not an intended beneficiary of the agreement between the developer and the man.,The agreement between the developer and the mason was not in writing.,The agreement between the developer and the man was not in writing.,B
"A plaintiff is bringing an action against a defendant to quiet title to determine ownership of lakefront riparian property. At issue is the mean water level of the lake. For the past several years, a commercial fisherman has kept daily logs of the lake's water level. In preparation for trial, the plaintiff hired a graphic artist to prepare charts from the fisherman's logs to establish the property's boundary line. Based upon the information contained in the fisherman's logs, the graphic artist compiled a number of charts, which the plaintiff now seeks to introduce into evidence. At trial, it was determined that the fisherman is an expert on water level computations. The defendant objects to the charts being offered into evidence. The court will most likely rule the charts","admissible, because the fisherman is an expert on water level computations. ","admissible, because they are summaries of voluminous records. ","inadmissible, because the charts are hearsay not within any recognized exception. ","inadmissible, because the fisherman's daily logs are the best evidence of the lake's water level. ",B
"In January, while he was driving on the street, a defendant lost control of his car, hitting and killing a small child. The child's parents sued the defendant for causing the wrongful death of their child. At trial, the parents' attorney calls a bystander to testify that the defendant's car was traveling well over the 25 m. p. h. speed limit on that street. Upon objection by the defendant's attorney, the trial judge would rule the bystander's testimony","admissible, because the bystander's opinion is based on his own perception. ","admissible, as a declaration of existing state of mind. ","inadmissible, as hearsay not within any of the exceptions. ","inadmissible, because a lay witness is not qualified to testify about the speed of a vehicle. ",A
"A woman lived in a town that has an ordinance that prohibits littering. While the woman was taking a stroll one morning, she passed a man who was standing on the sidewalk and eating a doughnut. As he finished the doughnut, the man wiped his mouth with a paper napkin. He then wadded up the napkin into a small ball and dropped it on the sidewalk. Seeing this, the woman stopped and admonished the man for throwing his trash on the ground. She told him about the town ordinance that prohibits littering and said that a police officer could give him a citation that would require him to pay a fine. The man was very insulted and annoyed to be lectured like this. If the man institutes a civil action against the woman, the man will most likely",recover for battery.,recover for negligence.,"not recover, because the fact that an ordinance prohibited the man's conduct would preclude recovery as a matter of law. ","not recover, because the woman's conduct was customary and reasonable under the circumstances. ",D
"A pedestrian was walking on a crowded and busy city street when he fell down an opened manhole that he did not notice. City workers had put a small sign at the opening, stating ""Danger Do Not Walk"", but they did not barricade the area. The city defended the pedestrian's lawsuit by claiming not only that he was contributorily negligent but also that he voluntarily assumed the risk. Will the city prevail on the assumption of the risk defense?","Yes, because there was a sign and the pedestrian proceeded knowingly and voluntarily into the danger anyway.","No, because contributory negligence and assumption of the risk cannot both be claimed at the same time.","No, because the warning was not enough to tell him that there was an opened manhole in front of him.","Yes, he reasonably should have known of the danger under the circumstances.",C
A state assesses a poll tax on people for registration to vote to elect state legislators. A group of minority citizens sues the state alleging denial of equal protection in that the right to vote cannot be based on the ability to pay a poll tax. The group does not present any evidence that the purpose of adopting the tax was to discriminate. There is no evidence of any specific effect that the tax has had on any class of people. Will the group succeed in striking down the tax?,"No, the mere fact that a law results in treating some groups differently from others does not automatically amount to a violation of the Equal Protection Clause.","No, because this is a state tax that does not apply to voting for federal candidates, and it is therefore exempt from the Equal Protection Clause.","Yes, because the tax impedes the substantive due process right of every citizen to vote.","Yes, because the tax discriminates against poor people who will be less able to afford paying it, thus denying them equal protection of the laws.",D
"In 1963, Smith, the record owner of Winterthur died and in his will he devised Winterthur to ""my son, Samuel, and his heirs, but if Samuel dies without issue to my daughter, Dixie, and her heirs. "" Then Samuel deeded to ""Bailey and his heirs,"" which was executed on July 1, 1973 and recorded on the same date. In 1974, Bailey died and in his will he devised Winterthur to ""my brother Corley for life, then to Corley's heirs. "" In 1983, Corley executed a general warranty deed in which he conveyed ""all my right, title and interest in Winterthur to my children, Jesse and James. "" James died intestate in 1988, leaving his 14-year-old son, Butch, as his only heir. Corley died in 1993, leaving Butch and Jesse as heirs. In 1998, Butch and Jesee conveyed Winterthur by a general warranty deed to ""Barnes and his heirs. "" Although both Butch and Jesse were married, their respective wives did not join in the deed. Barnes has been in continuous possession of the home since 1998. Samuel died on January 1, 2009 without issue, and Dixie is still alive. In March 2009, Dixie, asserting that her title was held free of any claim by Barnes, instituted suit against Barnes to quiet title to Winterthur. Judgment should be for","Barnes, because his prior recorded deed would be deemed to be outside Dixie's chain of title. ","Barnes, because the devise to Dixie would be violative of the Rule against Perpetuities. ","Dixie, because she acquired fee simple interest at the time of Samuel's death in January 2009. ","Dixie, because she acquired an indefeasible vested remainder under her father's will in1963. ",C
"A man who believed that his wife was cheating on him with her gym trainer decided to kill the trainer. He loaded his handgun and set off for the trainer's house. Because he was anxious about committing the crime, the man first stopped at a bar, drank eight shots of hard liquor, and became intoxicated. He then left the bar and went to the trainer's house. When the trainer answered the door, the man shot and killed him. The man then passed out on the trainer's porch. The man has been charged with murder in a jurisdiction that follows the common law. Can the man raise an intoxication defense? ","No, because drinking at the bar was the proximate cause of the killing.","No, because the man intended to commit the murder and drank to strengthen his nerve.","Yes, because drinking at the bar was a foreseeable intervening cause of the killing.","Yes, because the man's intoxication negated the specific intent required for murder.",B
"A guitarist and lead singer for a rock and roll band was performing a concert when an overhead strobe light fell on stage and struck him. The singer suffered a fractured skull and was hospitalized for an extended period of time. A lighting company was hired by the venue to perform the strobe lighting show at the concert. During his hospital stay, the singer sent a letter to the lighting company's president threatening to sue and holding the lighting company responsible for the accident. After receiving the singer's letter, the company's attorney visited the singer at the hospital where he was being treated. The attorney entered the singer's hospital room and told him, ""The company will pay your medical expenses if you will give a release. "" The singer remained silent, and the attorney then left the room. Thereafter, the singer filed a lawsuit against the lighting company to recover damages for his injury. At trial, the singer seeks to introduce into evidence the attorney's statement at the hospital. Upon objection, the attorney's statement should be","admitted, as a vicarious admission. ","admitted, as a declaration against interest. ","excluded, as an offer to compromise. ","excluded, as a privileged attorney-client communication. ",C
"Water Works had a long-standing policy of offering employees $100 for suggestions actually used.  Due to inflation and a decline in the quantity and quality of suggestions received, Water Works decided to increase the award to $500.  Several suggestions were under consideration at that time.  Two days prior to the public announcement of the increase to $500, a suggestion by Farber was accepted and put into use.  Farber is seeking to collect $500. Farber is entitled to",$500 because Water Works had decided to pay that amount.,$500 because the suggestion submitted will be used during the period that Water Works indicated it would pay $500.,$100 in accordance with the original offer.,Nothing if Water Works chooses not to pay since the offer was gratuitous.,C
"After drinking for many hours, a very drunk man encountered another man in a convenience store and asked him for five dollars. The customer refused, and the drunk man knocked him down and began beating his head against the floor. The drunk man woke up hours later in jail, with no memory of the events. The police charged him with aggravated assault, which required proof of specific intent. At trial, the drunk man asked for an additional jury charge of simple assault, which did not require specific intent. The trial court refused, and the drunk man was convicted of aggravated assault. On appeal, will the appeals court likely reverse for a new trial, ordering that a charge on simple assault be added?","Yes, because the lesser included crime must always be a part of the jury charge in order to allow the jury to pick and choose whichever crime it feels applies.","Yes, because the evidence of voluntary intoxication could rule out a finding of specific intent, and therefore the jury should have the choice of each crime before it.","No, because voluntary intoxication is no defense to crime.","No, because the violent force of beating his head on the ground would preclude a simple assault charge as a matter of law.",B
"A buyer signed a contract to purchase a tract of land from a developer. The contract was signed on May 1, 2008, and the closing was set for June 15, 2008. The land was located in a jurisdiction that has in force the following statute:Statute of Limitations ""an action to recover the possession of land shall be brought within twenty (20) years after the cause thereof accrued, but if a person who is entitled to bring such action at the time the cause accrued is within the age of minority (under 21) or of unsound mind, such action may be brought within ten (10) years after such disability is removed. ""This statute was enacted in the jurisdiction in 1932. The land in question had been owned by a doctor in 1962. On September 1, 1962, the doctor died intestate. The doctor's administratrix conveyed the tract to the developer on November 1, 1962, which the latter recorded on the same date. During her title search, the buyer learned that the administratrix had never obtained any license to sell the land in question. The buyer also learned that the administratrix never formally received the approval of any court with respect to the administration of the doctor's estate. Moreover, the buyer ascertained that the developer entered into possession of the land in question on November 1, 1962. The developer was ousted from the land in question by a woman on October 1, 1982. The developer then recovered possession of the land from the woman in an action of ejectment on December 31, 1982. The buyer should be advised that the developer became the owner of the land in question on","November 1, 1962. ","November 1, 1982. ","December 31, 1982. ","December 31, 2002. ",D
"A man sued a manufacturer of video and home theater equipment after his home theater started a raging fire, destroying the equipment and part of his home. He sued the manufacturer in federal court. At trial, the defendants filed a motion to preclude the report and testimony of the plaintiff's expert under Fed.R.Evid. 702. The defendants claim bias, lack of scientific support, failure to conduct testing, divergence of opinion among experts, and that the expert was trained for large commercial fires. The expert had investigated over 500 fires, wrote a book that was used in courses nationwide and taught a course in forensic fire investigations in a university. Her report ruled out all other possible causes. The court did a gate-keeping review as required by Rule 702 and ruled that the expert was highly qualified and that she used accepted scientific methodologies in arriving at her opinion. The defendants appealed the ruling. Is the appellate court likely to go against the ruling under these facts?","Yes, because the charge of bias against an expert witness requires a ""trial within a trial"" and that was not done.","Yes, because whenever the expert does not back up her conclusion with experimental testing, an expert's opinion will be insufficiently reliable to be allowed.","No, the court did the required gate-keeping inquiry and found that the witness was not only qualified and competent, but also used the accepted methodologies.","No, the court has absolute discretion in deciding the competency of the expert for purposes of giving expert trial testimony and evidence.",C
"A defendant was arrested and indicted separately for the crimes of robbery, rape, and felony murder with the underlying felony being the rape. With respect to double jeopardy, which of the following statements is most accurate?","The defendant may be tried for each offense separately and may be convicted of each, with sentences running consecutively. ","The defendant may be tried for the two separate offenses of robbery and felony murder and may be convicted of both, with sentences running consecutively. ","The defendant may be tried for the two separate offenses of robbery and felony murder and may be convicted of both, with the robbery sentence running consecutively with concurrent sentences for the felony murder and rape. ",The defendant may be tried for the single offense of felony murder and sentenced for that crime only.,C
"A woman owned a beautiful Siamese cat. The cat had a value of $500. The woman allowed the cat to roam loose in the neighborhood. The cat frequently entered the backyard of a neighbor, who lived in the house next to the woman. The neighbor hated cats. One day, the neighbor looked out his kitchen window and saw the cat chewing on his prized rosebushes. The neighbor telephoned the woman and told her to retrieve her cat or he would kill it. The woman immediately ran over to the neighbor's property to get the cat. In the interim, the neighbor loaded his rifle and went outside. The woman saw the neighbor with the gun and said, ""Please don't shoot my cat. "" The neighbor responded, ""I'm sick and tired of her destroying my roses. "" The neighbor then pointed the rifle at the cat. Out of instinct, the woman dived toward the rosebushes to save her beloved cat. At that same moment, the neighbor's hand shook, and the rifle accidentally went off. The bullet narrowly missed the woman's head but struck the cat. Seeing her cat being shot, the woman was overcome with grief and became very emotionally distraught, which caused her to suffer a heart attack. Fortunately, the cat survived the shooting but suffered a gunshot wound to her leg. The woman brings suit to recover damages against the neighbor. Which of the following causes of action would afford the woman her maximum recovery?",Battery.,Conversion.,Trespass to chattels.,Negligent infliction of emotional distress.,D
"Avery, Hewlett, and Packard are dishonest bankers. Avery designed a computer program that secretly moves small amounts of bank money, undetectable as individual transactions, into a secret account to eventually aggregate into a hefty nest egg. Hewlett installed the program; Packard set up the secret account. The three bankers meet periodically to check the account, but they have not yet built up enough of a balance to make a withdrawal. Mac, an honest co-worker, gets wind of the plan and threatens to expose the group. Hewlett pulls Mac into a bank vault room and warns, ""You'd better be quiet about this or you're gonna get it."" Packard gets wind of the threat and decides things have gone too far. Packard closes the account and goes to the police station, where he tells an inspector the whole story. Meanwhile, Avery secretly ""borrows"" a bank computer to monitor the progress of his program from home. Impressed with how fast it downloads, Avery decides to keep the bank's computer. As Packard wraps up his story with the inspector across town, Hewlett punches Mac in the face as ""a reminder to be quiet."" Avery, Hewlett, and Packard are arrested later that evening. With respect to taking the computer, Avery can be charged with",False pretenses.,Larceny.,Embezzlement.,Burglary.,B
"A retail store runs an advertisement in the local newspaper stating: ""Only 3 cashmere sweaters remaining; highest quality; real Polo; one grey, one maroon and one beige; on closeout, starting 9 a.m. Saturday, $5.00 each, first-come, first-served."" A store customer was the first to arrive on Saturday morning. He located the three advertised sweaters, picked them up, handed $15.00 to the clerk, and demanded all three sweaters at $5 each. The clerk stated that the store's price on each sweater was actually $50 each. The customer demanded the advertised price. Who has the superior legal position?","The customer, because the terms of the advertisement were definite enough to constitute an offer and the offer was duly accepted.","The retail store, because the terms of the advertisement were merely an invitation to make an offer, and the offer made was duly rejected by the store.","The customer, because this was a contract of adhesion favoring one party only, and as such, the store could not enforce it.","The store, in that a contract was made at $50 each, which was the store's actual intended price for the sweaters.",A
"In his will, a jockey devised his home ""to my friend to whom I am everlastingly grateful for the devoted care he has lavished on my horses, but if ever my horses who survive me shall fail to receive proper care, then to my beloved daughter and her heirs, if she be living and own any horses, otherwise to the Equestrian Society. ""In an appropriate action to construe the will, the court will determine the friend's interest to be a",fee simple determinable.,fee simple subject to condition subsequent.,fee simple subject to an executory interest.,contingent remainder.,C
"Two sisters own a single tract of land as tenants in common, each holding a one-half interest. The younger sister entered into a three-year written lease with a tenant; the lease described by metes and bounds a specified portion of the land, which consisted of about 40% of the total tract. The tenant went into sole possession of the leased portion of the land.The older sister has sued both the younger sister and the tenant to establish the older sisterÕs right to possession of the leased portion of the land. Who is likely to prevail?","The older sister, because the younger sister cannot unilaterally partition the land without the older sisterÕs consent.","The older sister, because the younger sister may not lease her undivided interest in the land without the older sisterÕs consent.","The younger sister and the tenant, because the older sister has been excluded only from the specified portion of the land subject to the lease, which makes up less than one-half of the landÕs total area.","The younger sister and the tenant, because the younger sisterÕs lease to the tenant was necessarily for less than a fee simple interest.",A
"A detective received information from an informant, who had given reliable information many times in the past, that a man was a narcotics dealer. Specifically, the informant said that, two months before, he had visited the man's apartment with a friend and that on that occasion he saw the man sell his friend some heroin. The detective knew that the informant, the man, and the friend were acquaintances. Thereafter, the detective put all this information into affidavit form, appeared before a magistrate, and secured a search warrant for the man's apartment. The search turned up a supply of heroin. The man's motion to suppress introduction of the heroin into evidence will most probably be","granted, because a search warrant cannot validly be issued solely on the basis of an informant's information. ","granted, because the information supplied to the detective concerned an occurrence too remote in time to justify a finding of probable cause at the time of the search. ","granted, because a search for mere evidence alone is improper and illegal. ","denied, because the informant had proven himself reliable in the past, and the information he gave turned out to be correct. ",B
Client is claiming self defense in the killing of another. What is not usually true about when deadly force is available?,"One must retreat before using deadly force, if it can be done safely, unless the defendant is in his or her home when confronted by an intruder.",One need not attempt to escape before using deadly force.,Deadly force should not be used if it is out of proportion to the amount of force reasonably needed under the circumstances.,Self defense is generally available to the initial aggressor.,D
"A defendant is on trial in federal court for bank robbery. Before the police had any suspects, a police officer interviewed an eyewitness at the police station and showed her a ""mug book"" containing dozens of photographs. The eyewitness identified the defendant's photograph as that of the robber. At trial, the eyewitness surprises the prosecutor by testifying that she is unable to identify the defendant as the robber. The prosecutor calls the officer to testify that the eyewitness identified the defendant from the photograph in the police station. The eyewitness remains present in the courthouse and can be recalled. Is the officer's testimony admissible? ","No, because the eyewitness was unable to identify the defendant at trial.","No, because the eyewitness's testimony has disappointed the prosecutor but has not affirmatively harmed the prosecution's case.","Yes, because the eyewitness's statement of identification as reported by the officer is not excluded by the hearsay rule.","Yes, because the hearsay rule does not exclude out-of-court statements if a declarant testifies and is available for cross- examination.",C
"On September 1, a man mailed a letter to a resort hotel on an island, reserving the ""honeymoon suite"" for the period from December 24 to January 1. The man explained that he and his fiancÃ©e were being married on December 23 and intended to travel by plane to the island on December 24. The resort hotel then sent back a confirmation notice stating that it was reserving the honeymoon suite for the man and his bride from December 24 to January 1 ""for the weekly rental of $10,000. ""On December 23, a blizzard struck, blanketing the city with five feet of snow. As a result, the airports were shut down. The man immediately telephoned the manager of the resort hotel and explained his predicament. When the manager requested assurance that the man and his bride would still be making the trip, the man responded, ""The airports are scheduled to re-open tomorrow . . . if they do we hope to make the trip. "" The next morning, the manager sent an e-mail to the man, advising him that the honeymoon suite had been rented to another couple for the period from December 24 to January 1. If the man brings suit against the resort hotel for breach of contract, which of the following will provide the hotel with its best defense'?'",The resort hotel's duty to hold the honeymoon suite for the man and his bride's arrival was excused by the apparent impossibility on December 23 of their timely performance.,The resort hotel's duty to hold the honeymoon suite for the man and his bride's arrival was discharged by their failure to give adequate assurances of their own agreed performance.,The resort hotel's duty to hold the honeymoon suite for the man and his bride's arrival was excused by frustration of purpose.,The man and his bride's apparent inability on December 23 to make the trip constituted a material breach that excused the resort hotel of any obligation to hold the honeymoon suite for their arrival.,B
"A woman awoke one morning to discover that someone had vandalized her home during the night. The woman then published the following notice in the local newspaper:""REWARDAny person who supplies information leading to the arrest and conviction of the person who vandalized my home, located at 1223 1st Street, will be paid $5,000. ""The reward notice in the local newspaper proposed a",unilateral contract only.,bilateral contract only.,"unilateral contract or bilateral contract, at the offeree's option. ",unilateral contract that ripened into a bilateral contract when someone supplied the information leading to the vandal's conviction.,A
"One fall weekend, an outdoorsman went on a camping trip to a remote wilderness area deep in the northern part of the state in which he lived. While on the trip, the outdoorsman went deer hunting. He was in a very desolate area, surrounded by a densely wooded terrain, that was located at least 100 miles from any habitation. After a rather uneventful morning with nothing at which to shoot, the outdoorsman suddenly spotted a bald eagle; a nearly extinct bird. The bald eagle was listed as an endangered species, and to shoot one in this state was a criminal offense. Unable to resist the temptation, the outdoorsman took a shot at the bald eagle. The bullet missed the bald eagle but struck a hermit, who had moved to the woods a few months earlier to escape from the stresses of society. The hermit had been napping in a secluded area. The bullet hit the hermit in the eye and permanently blinded him. The outdoorsman was unaware of the hermit's presence. If the hermit asserts a claim against the outdoorsman to recover damages for his injury, the hermit will","prevail, because his injury was caused by theoutdoorsman's unlawful act. ","prevail, because firearms are dangerous instrumentalities imposing strict liability on the user. ","not prevail, because the outdoorsman had noreason to anticipate the presence of anotherperson in such a remote area. ","not prevail, because the outdoorsman did notintend to shoot the hermit. ",C
"A president of a small computer company decided to expand his operation. On behalf of his company, he borrowed $500,000 from a credit union for this purpose. The company was to repay the loan at the rate of $2,500 per month. The loan was secured by a mortgage on the building that housed the company's operation center. Eight months later, the company's sales started to drop and the company began experiencing cash flow problems. As a result, the company failed to make its loan payments for three consecutive months, causing the credit union to threaten to foreclose on the mortgage. The president's father, a retired wealthy investor, then intervened on behalf of the company, paid the three missed loan payments, and told the credit union that if they would refrain from any legal action against the company for a year, he would personally see that the debt was paid. The credit union orally agreed to the father's surety arrangement. However, it was never reduced to writing. Six months later, the company once again missed consecutive payments, and the credit union filed a foreclosure suit against the company. The father did not learn of the suit until a week later, but he raised no objection, since he thought the credit union was violating its agreement with him by foreclosing within the one-year period, thus relieving him of his part of the bargain. Two weeks later, the credit union's loan officer called the father and said that the credit union would hold off on the foreclosure suit as per their agreement, since the company had just made a new technological development that would place it in a very lucrative and competitive position. Soon after the new technological development took place, the company's business fortunes declined, which resulted in the company's insolvency. In an action by the credit union against the appointed receiver in bankruptcy and the father, the credit union will most likely recover for the outstanding loan from",the father only.,the receiver only.,either the father or the receiver.,both the father and the receiver.,B
"The United States and Mexico entered into a tax treaty that provided that neither country would impose income taxes on citizens of the other nation. The treaty was ratified by the Senate. Recently, the President, angry over Mexico's perceived failure to abide by the terms of the treaty, has decided that the United States would not honor any of the terms of the treaty. The President then ordered the Internal Revenue Service to begin collecting income taxes from Mexican citizens residing in the United States in the same manner that it collects taxes from other residents of this country. A Mexican citizen and resident of the United States sues in an appropriate federal court, seeking a declaratory judgment that the treaty with Mexico remains valid and effective. Therefore, he contends that the Internal Revenue Service may not collect U. S. income taxes from him. Which of the following is the strongest constitutional grounds for the federal court to refuse to decide the suit on its merits?",The citizen has no standing to bring his suit.,The case presents a nonjusticiable political question.,The case is moot because the President has already taken definitive action with respect to the effectiveness of this treaty.,"The citizen is not entitled to a federal adjudication of this case because as a resident alien, he is not protected by the privileges or immunities clause of the Fourteenth Amendment. ",B
"Late one night, a defendant, who had a long history of drug-related arrests, was attending a party at a house. During the party, the defendant approached an undercover narcotics agent and offered to sell him some drugs. The undercover agent purchased the drugs from the defendant. Immediately thereafter, the undercover agent arrested the defendant and charged him with conspiracy to sell narcotics and sale of narcotics. He was convicted of both crimes and given consecutive seven-year sentences. On appeal, the defendant's best argument is which of the following?","There was no true agreement between him and the undercover agent and, hence, noconspiracy. ","There was no true agreement between him and the undercover agent and, hence, no sale. ",He cannot be convicted of both the sale of narcotics and conspiracy because each offense is essentially the same crime.,He cannot be convicted of both the sale of narcotics and conspiracy because both crimes arose from the same criminal transaction.,A
"On September 1, a buyer contracted to buy 1000 widgets from a seller at $10 per widget, delivery to take place on or before September 15. On September 5, the buyer discovered that another widget seller was selling widgets for $8 per widget. The buyer then sent the following letter to the seller:""Please cancel our order for 1000 widgets. Your price is too high. We have found another supplier at a cheaper price. ""On receipt of this letter, the seller would be legally justified in pursuing which of the following courses?",Shipping the widgets to the buyer.,Selling the widgets to another buyer by means of a public sale.,Selling the widgets to another buyer by means of either a public or private sale.,"Selling the widgets to another buyer, but only if the seller is successful in whatever claims it has against the buyer. ",C
"During a Senate debate, members discussed how to punish a particular senator for having publicly rebuked the head of his party. One of the members suggested that the party inform television reporters that the senator in question is ""an opportunist who has very little loyalty to his own party and will switch sides at the earliest convenience. ""In determining whether the senator has a valid cause of action against the member for his remarks, which of the following most accurately reflects the applicable rule of law?",The senator must prove actual malice in order to recover for defamation.,Any remarks made during the debate were privileged.,"The remarks violated the senator's First Amendment right of privacy by placing him in a ""false light. ""","The remarks constitute a ""fair and substantial"" relation to ""important governmental objectives. """,B
